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2025 DAILYLAW 82322 (KAR)

B M PREMA KUMARI v. UMESH S B

MFA/129/2024 · 2025-08-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA & SMT. K.M.ARCHANA, MEMBER M.F.A.No.129/2024 (MV) (Lok Adalat No.6138/2025) BETWEEN B.M. PREMA KUMARI W/O LATE RAJASHEKAR M.P, NOW AGED ABOUT 52 YEARS R/A MELEKOTE, DODDABALLAPURA TALUK, BENGALURU RURAL-561205. ...APPELLANT (BY SRI. R.RAGHU, ADVOCATE) AND 1 . UMESH S.B. MAJOR, S/O BASAVARAJU S.P, R/A NO.5, GANGADHARESHWARA NILAYA, WRD GANGADHARAPURA, DODDABALLAPURA, BENGALURU RURAL-562101. 2 . THE MANAGER, HDFC ERGO GEN. INS. CO. LTD., 2 2ND FLOOR, BUILDING NO.2, SHANKAR NARAYAN BUILDING, M.G. ROAD, BENGALURU-560 001. RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.08.2023 PASSED IN MVC NO.5510/2022 ON THE FILE OF THE II ADDITIONAL JUDGE, ACMM AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate 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.2,30,000/- (Rupees Two 3 Lakh Thirty 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 /claimant, 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 SRK