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2025 DAILYLAW 81448 (KAR)

SMT JAYAMMA v. UMASHANKAR N S

MFA/3170/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M.F.A.No.3170/2024 1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S.MUDAGAL & SMT.P.V.KALPANA, MEMBER MISCELLANEOUS FIRST APPEAL No.3170/2024 (MV-D) (Lok Adalat No.6940/2025) BETWEEN: 1. SMT.JAYAMMA W/O LATE V SHIVANNA AGED ABOUT 56 YEARS 2. V.S.MAHADEVAIAH S/O LATE V SHIVANNA AGED ABOUT 33 YEARS BOTH ARE R/OF VEEREGOWDANADODDI MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 3. SMT.SHYLAJA V S W/O PRAKASH & D/O LATE V.SHIVANNA NOW AGED ABOUT 30 YEARS R/OF IPPADI VILLAGE, KUNIGAL TALUK TUMKUR DISTRICT – 572 130 4. SMT.KOMALA V.S. W/O H.S.THOTADARADHYA & D/O LATE V SHIVANNA AGED ABOUT 28 YEARS R/AT HALENIJAGAL, SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT M.F.A.No.3170/2024 2 5. SMT.KAVITHA V S W/O V.G.SHIVAKUMAR & D/O LATE V.SHIVANNA AGED ABOUT 25 YEARS R/AT NO.37, I MAIN ROAD 8TH CROSS, SRIGANDADAKAVAL CHANDRASHEKAR LAYOUT BANGALORE NORTH TALUK BANGALORE – 560 091 ...APPELLANTS (BY SRI T C SATHISH KUMAR, ADVOCATE) AND: 1. UMASHANKAR N S S/O SIDDALINGAIAH N G MAJOR R/AT SAPTHAGIRI NILAYA 10TH CROSS, SAPTHAGIRI EXTENSION OPP: TUDA PARK TUMKUR – 572 102 2. THE BRANCH MANAGER ICICI LOMBARD GENERAL INSURANCE CO.LTD. NO.121, 9TH FLOOR, ESTATE BUILDING DICKENSON ROAD M.G.ROAD, BANGALORE – 42 … RESPONDENTS (BY SRI JAGADEESH P S, ADVOCATE FOR R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 23.01.2024 PASSED IN MVC NO.5574/2022 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: M.F.A.No.3170/2024 3 CONCILIATION ORDER Learned Counsel for the appellants-claimants and learned Counsel for the respondent–Insurance Company along with its representative are present. 2. After negotiation, the matter is settled. A joint memo signed by learned Counsel appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned Counsel appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.2,60,000/- (Rupees Two Lakhs Sixty 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. On such deposit, 50% of enhanced compensation shall be digitally released to claimant M.F.A.No.3170/2024 4 No.1 and balance 50% shall be invested in her name in fixed deposit in any nationalized/scheduled bank for a period of three years. 4. The apportionment, release and investment of the enhanced compensation amount in Fixed Deposit shall be in terms of the judgment and award passed by the Tribunal 5. The appeal stands disposed of in terms of the joint Memo. The impugned judgment and award of the Tribunal shall stand modified accordingly. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER KSR