Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 1847 (KAR)

GEETHA BAYI (DEAD) v. R. PREM KUMAR

MFA/2763/2024 · 2026-02-21

Lok Adalath

body2026

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 21ST DAY OF FEBRUARY, 2026 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL & SMT. ARCHANA K.M., MEMBER M.F.A.No.2763/2024 (MV-D) (Lok Adalat No.6897/2025) C/W M.F.A.No.3933/2024 (MV-D) (Lok Adalat No.6897(a)/2025) IN MFA NO.2763/2024 BETWEEN: GEETHA BAYI (DEAD) 1. GOPALANAYKA @ GOPI NAIK S/O BEEMANAIK, AGED ABOUT 52 YEARS. 2. MASTER AKASH NAYKA B.G. S/O GOPALANAYKA @ GOPI NAIK, AGED ABOUT 19 YEARS. 3. KUMARI POOJA BAI B.G. D/O GOPALANAYKA @ GOPI NAIK, AGED ABOUT 18 YEARS. 4. MASTER JEEVAN S/O GOPALANAYKA @ GOPI NAIK, AGED ABOUT 13 YEARS. 2 APPELLANT NO.4 IS MINOR REP. BY HIS NATURAL GUARDIAN & FATHER GOPALANAYKA @ GOPI NAIK. ALL ARE R/AT KHANANAYAKANA THANDYA, HULIYUR HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR. ...APPELLANTS (BY SRI. PAVAN CHANDRA SHETTY H., ADVOCATE) AND: 1. R. PREM KUMAR S/O R. RAYAPPA, AGE: MAJOR, NO.09, SEEGEHALLI 1ST CROSS, VIRGO NAGAR POST, K.R. PURAM, BENGALURU. 2. CHOLA M/S. GENERAL INSURANCE CO. LTD. KEERTHIS CLOUD 9, 3RD FLOOR, 1ST 'A' CROSS, S.T. BED, OFF 80 FEET ROAD, KORAMANGALA 4TH BLOCK, BENGALURU - 560034. REP. BY ITS BRANCH MANAGER. ….RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2023 PASSED IN MVC NO.165/2022 ON THE FILE OF THE II ADDL. 3 DISTRICT AND SESSIONS JUDGE, AT KOLAR, SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.3933/2024 BETWEEN: THE DIVISIONAL MANAGER CHOLA MS GIC LTD. KEERTHI'S CLOUD 9 3RD FLOOR, 1ST 'A' CROSS S.T. BED, OFF. 80 FEET ROAD KORAMANGALA 4TH BLOCK BENGALURU - 560 034 NOW REP. BY ITS THE MANAGER CHOLAMANDALAM MS GIC LTD BRANCH OFFICE UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH C CROSS, INDUSTRIAL SUPERB 4TH M BLOCK RAJAJINAGAR BENGALURU - 560 010 ...APPELLANT (BY SRI. B. PRADEEP, ADVOCATE) AND: GEETHA BAYI (DEAD) 1. GOPALANAYKA @ GOPI NAIK S/O BEEMANAIK AGED ABOUT 52 YEARS 2. MASTER AKASH NAYKA B.G. 4 S/O GOPALANAYKA @ GOPI NAIK AGED ABOUT 19 YEARS 3. KUMARI POOJA BAI B.G. D/O GOPALANAYKA @ GOPI NAIK AGED ABOUT 18 YEARS 4. MASTER JEEVAN S/O GOPALANAYKA @ GOPI NAIK AGED ABOUT 13 YEARS RESPONDENT NO.4 IS MINOR REP. BY HIS NATURAL GUARDIAN & FATHER GOPALANAYKA @ GOPI NAIK ALL ARE R/AT KHANANAYAKANAHALLI THANDYA HULIYUR HOBLI CHIKKANAYAKANAHALLI TALUK TUMKUR. 5. SRI. R. PREM KUMAR S/O R. RAYAPPA AGED : MAJOR R/AT NO.9, SEEGEHALLI 1ST CROSS VIRGO NAGAR POST K.R. PURAM BENGALURU. ….RESPONDENTS (BY SRI. PAVAN CHANDRA SHETTY H., ADVOCATE FOR R1 TO R4; R4 IS MINOR REPRESENTED BY R1; R5 SERVED) THIS MFA IS FILED UNDER SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2023 PASSED IN MVC NO.165/2022 ON THE FILE OF THE II ADDL. 5 DISTRICT AND SESSIONS JUDGE, AT KOLAR, AWARDING THE COMPENSATION OF RS.26,04,200/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER 1. MFA No.2763/2024 is filed by the claimants/appellants assailing the Judgment and Award dated 20.10.2023 in MVC No.165/2022, on the file of AMACT, Kolar, seeking enhancement of compensation as prayed for in the claim petition. 2. MFA No.3933/2024 is filed by the Insurance Company praying to set aside the Judgment and Award dated 20.10.2023 in MVC No.165/2022, on the file of AMACT, Kolar. 3. The learned counsel appearing for the claimants is present. The learned counsel appearing for the respondent - Insurance Company along with its representative are present. 4. After prolonged negotiations, the matter is settled. A Joint Memo is filed by both side parties. The Joint Memo is signed by 6 the learned counsel appearing for the appellant/s - claimant/s (being authorized by the appellant/s - claimant/s 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 lumpsum of Rs.28,80,000/- (Rupees Twentyeight Lakh Eighty Thousand only) instead of what has been awarded by the Claims Tribunal, in full and final settlement of the claim. 5. 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. 6. The Joint Memo is accepted. The entire compensation amount Rs.28,80,000/- shall be released in favour of the appellants – claimants, in terms of the order of the Claims Tribunal. 7 7. Both MFA No.2763/2024 and MFA No.3933/2024 stand disposed of in terms of the Joint Memo. Judgment and Order dated 20.10.2023 in MVC No.165/2022, on the file of AMACT, Kolar, shall stand modified accordingly. Draw up the Award accordingly. 8. The statutory amount in deposit in MFA No.3933/2024 and the amount deposited before this Court in terms of the order of this Court dated 09.09.2024 passed in MFA No.3933/2024, is collectively ordered to be transmitted to the concerned Tribunal, in accordance with law, forthwith. Sd/- JUDGE Sd/- MEMBER sac