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2025 DAILYLAW 79660 (KAR)

KAVITHA v. KALEGOWDA

MFA/2200/2023 · 2025-07-10

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SMT. D SUDHA, MEMBER M.F.A.No. 2200/2023 (MV- D) (Lok Adalat No. 6283/2025) BETWEEN 1 . KAVITHA W/O. KUMARA T.K., AGED ABOUT 41 YEARS, 2 . KUMARA T.K. S/O. KEMP GOWDA, AGED ABOUT 50 YEARS, APPELLANTS 1 & 2 ARE R/O THERANYA VILLAGE, HALEKOTE HOBLI, H.N. PURA TALUK, HASSAN DISTRICT - 573 201. NOW R/O. C/O YASHWANTH D.M., NEAR HELIPAD, UDAYAGIRI, HASSAN - 573 201. ...APPELLANTS (By Sri : CHETHAN B., ADVOCATE) AND 1 . KALEGOWDA S/O. LATE. KALEGOWDA, JUNJANAHALLI VILLAGE, 2 MADENURU POST, SHANTHIGRAMA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 57320. 2 . THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.22, MAXIMUS COMMERCIAL COMPLEX, LHH ROAD, HAMPANAKATTA, MANGALORE - 575 001. …RESPONDENTS (By Sri./Smt : B PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN MVC NO. 462/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellant/s - Claimant/s is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/s/-claimant/s (being authorized by the appellant/s/-claimant/s to sign) and the learned advocate appearing for the respondent-Insurance Company and its 3 authorized officer is filed. The appellant/s-claimant/s has/have agreed to receive and the respondent-Insurance Company has agreed to pay a lump- sum of Rs.90,000/- (Rupees Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit. 4. The entire enhanced compensation amount shall be released in favour of the appellant/s/- claimant/s, on proper identification. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER AMM