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2025 DAILYLAW 83550 (KAR)

ROJA v. THE PROPRIETOR

MFA/2272/2023 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 2272/2023 (MV) (Lok Adalat No.6646/2025) BETWEEN 1 . ROJA W/O LATE KIRAN, AGED ABOUT 23 YEARS, 2 . KRUSHIKA D/O LATE KIRAN, AGED ABOUT 3 YEARS, 3 . MAHADEVAMMA W/O KULLEGOWDA AGED ABOUT 44 YEARS, 4 . KULLEGOWDA S/O HALEGOWDA AGED ABOUT 57 YEARS, 2 SECOND APPELLANT IS MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER APPELLANT NO.1 ALL ARE RESIDING AT BILIGEREHUNDI VILLAGE, KASABA HOBLI, KIRAGASURU, T NARASIPURA TALUK 571110. …APPELLANTS (BY SRI SHANTHARAJ K, ADVOCATE) AND 1 . THE PROPRIETOR (KISHORE KUMAR AGARWAL), SRIRAM TRANSPORT, NO 395, SHREE JAYALAKSHMI COMPLEX, WHITEFIELD ROAD, MAHADEVAPURA (P), BENGALURU 560048. 2 . THE NEW INDIA ASSURANCE CO. LTD. BY ITS DIVISIONAL MANAGER, BRANCH OFFICE, NO 876/C, 2ND FLOOR, OPP LAKSHMIPURAM POLICE STATION, J.L.B ROAD, MYSURU -570004. …RESPONDENTS (BY SRI. E I SANMATHI, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.09.2022 PASSED IN MVC NO. 1258/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 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 are 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.3,00,000/- (Rupees Three Lakh 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 4 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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