Full Judgment
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE 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 C. M. JOSHI & SRI. RAJASHEKAR. K, MEMBER M.F.A.No.7936/2022 (MV-D) (Lok Adalat No.6112/2025) BETWEEN:
1. GOWRAMMA, W/O LATE SIDDAIAH @ SIDDAPPA, NOW AGED ABOUT 44 YEARS.
2. VEDAS. C. S, NOW AGED ABOUT 16 YEARS.
3. ANANTH KUMAR. C. S,
NOW AGED ABOUT 13 YEARS. APPELLANT NO. 2 AND 3 ARE MINORS REP BY N/G AND MOTHER APPELLANT NO.1 ALL ARE R/AT HONNAIAKANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK. ...APPELLANTS (BY SRI. RAGHU R, ADVOCATE) AND:
1. KIRANKUMAR S K, S/O KUMAR, MAJOR, R/AT NO. 598/38, SMIG -B, NEAR MIRANDA COLLAGE, 4tH PHASE, YALAHANKA NEW TOWN, BANGALORE 560064.
2. THE BRANCH MANAGER, ICICI LOMBARD INSURANCE CO., LTD., HOSTO CENTER, Ist FLOOR, MILLAR ROAD, VASANTH NAGARA, BANGALORE 560052. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.02.2022 PASSED IN MVC NO.
MANDYA, 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 are 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 Ltd., 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.1,00,000/- (Rupees One Lakh Only), in addition to what has been awarded by the Tribunal, in full and final
settlement of the claim. The said amount includes the difference amount including interest that is reflecting in the Ex.147/2022 pending before the Principal Senior Civil Judge and CJM, Mandya.
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 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. JUDGE MEMBER SHS