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2025 DAILYLAW 83948 (KAR)

ANU S.C. v. UMMAR K N

MFA/2938/2025 · 2025-09-13

Lok Adalath

body2025

Judgment text

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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 MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.2938 OF 2025 (MV-D) (LOK-ADALAT NO.8094 OF 2025) BETWEEN: 1. ANU S. C. WIFE OF LATE MANJUNATHA L. ALIAS HARISHA AGED ABOUT 27 YEARS. 2. KOMALA DAUGHTER OF LATE MANJUNATHA L. ALIAS HARISHA AGED ABOUT 5 YEARS. 3. LINGARAJU SON OF LATE NINGEGOWDA AGED ABOUT 66 YEARS. 4. JAYAMMA WIFE OF LINGARAJU AGED ABOUT 52 YEARS. APPELLANT NOS.1 TO 4 ARE RESIDING AT ANKANAYAKANAHALLI KAVALU VILLAGE ANKANAYAKANAHALLI POST KASABA HOBLI, ARAKALAGUD TALUK HASSAN DISTRICT - 573 102. 5. DIKSHITHA DAUGHTER OF DEVARAJA T. CARE OF LINGARAJU AGED ABOUT 14 YEARS. 2 6. DHANYASHREE DAUGHTER OF SRINIVASA CARE OF LINGARAJU AGED ABOUT 12 YEARS. APPELLANT NOS.5 AND 6 ARE RESIDING AT MALALIKERE KOPPALU VILLAGE KASABA HOBLI, ARAKALAGUD TALUK HASSAN DISTRICT - 573 102. APPELLANT NOS.2, 5 AND 6 ARE BEING MINORS, REPRESENTED BY THEIR NEXT FRIEND OR NATURAL GUARDIAN MOTHER AND AUNT I.E., APPELLANT NO.1. ...APPELLANTS (BY SRI VIJAY KUMAR T., ADVOCATE) AND: 1. UMMAR K. N. SON OF K.C. ABOOBAKKAR AGED ABOUT 48 YEARS RESIDING AT PUMP HOUSE ROAD SHUNTIKOPPA, SOMAWARPETE TALUK KODAGU DISTRICT - 571 236. 2. THE REGIONAL MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 2ND FLOOR, OPP. MYSURU TRADE CENTRE K.S.R.T.C., BUS STAND MYSURU - 570 001. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.12.2022 PASSED IN MVC NO.450/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, M.A.C.T., ARKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER Learned counsel appearing for the appellants-claimants and 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 counsel appearing for the appellants- claimants and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellants- claimants has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs. 11,00,000/- (Rupees eleven 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum 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 Tribunal. 4 5. This miscellaneous first appeal stands disposed off 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 kvk