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2026 DAILYLAW 34858 (KAR)

THE ORIENTAL INSURANCE COMPANY LIMITED v. SMT PAVITHRA T K

MFA/3404/2018 · 2026-07-11

Lok Adalath

body2026

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 11TH DAY OF JULY, 2026 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI NAMAN VANKDARI M., MEMBER MISCELLANEOUS FIRST APPEAL NO.3404 OF 2018 (MV-D) (LOK-ADALAT NO.2467 OF 2026) BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED LEO SHOPPING COMPLEX NO.44/45 RESIDENCY ROAD BENGALURU-560 025 REPRESENTED BY ITS REGIONAL MANAGER ...APPELLANT (BY SRI B S UMESH, ADVOCATE) AND: 1. SMT. PAVITHRA T.K. W/O LATE NAGESHA AGED ABOUT 26 YEARS 2. SHREYA D/O LATE NAGESHA AGED ABOUT 5 YEARS SINCE MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.1. RESPONDENT NOS.1 AND 2 ARE RESIDING AT 52/1, 2ND CROSS LAXMI BADAVNE GAREPALYA BENGALURU -560 068 3. SMT. PAKIRAMMA W/O JAYNNA AGED ABOUT 48 YEARS Digitally signed by SHASHIREKHA K Location: HIGH COURT OF KARNATAKA 2 4. SRI JAYANNA S/O KALAPPA C. AGED ABOUT 56 YEARS RESPONDENT NOS.3 & 4 ARE RESIDING AT NO.79 REDDY CAMPUS SOGANE SHIVAMOGGA DISTRICT - 577 222 5. SRI CHANNAKESHAVA K.R. S/O RAMESH AGED MAJOR RESIDING AT NO.135/9 DEVARACHIKKANAHALLI WATER TANK BALAJI LAYOUT HONGASANDRA, BEGUR BENGALURU - 560 068 …RESPONDENTS (BY SRI VASANTHAPPA, ADVOCATE, FOR R-1 TO R-4) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.01.2018 PASSED IN M.V.C. NO.160 OF 2017 ON THE FILE OF THE SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU AWARDING COMPENSATION OF RS.18,84,400/- WITH INTEREST AT 9% PER ANNUM FROM THE DATE OF DEPOSIT TILL REALISATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for respondent Nos.1 to 4- claimants and the learned counsel appearing for the appellant- Insurance Company along with its representative are present. 3 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellant-Insurance Company and its Authorised Officer and the learned counsel appearing for respondent Nos.1 to 4-claimants is filed. The appellant-Insurance Company has agreed to pay and respondent Nos.1 to 4-claimants have agreed to receive a lump- sum of Rs.23,15,400/- (Rupees twenty-three lakh fifteen thousand and four hundred only) with interest at the rate of 6% per annum from the date of petition till the date deposited instead of 18,84,400/- with interest at the rate of 6% per annum awarded by the Tribunal, in full and final settlement of the claim. The amount, if any, deposited before this Court shall be transferred to the Tribunal. 3. The appellant-Oriental Insurance Company Limited has agreed to deposit balance lump-sum of Rs.14,15,400/- in addition to the amount of Rs.9,00,000/- already deposited, as per stay order in full and final settlement of the claim. The amount, if any, deposited before this Court shall be transferred to the claims Tribunal. The amount in excess, if any, shall be refunded to the Insurance Company. 4. The apportionment, deposit and release of the 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