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2025 DAILYLAW 12795 (KAR)

SANTHOSH v. DINESH ACHARYA

MFA/105/2024 · 2025-03-08

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 8TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 105/2024 (MV) (Lok Adalat No. 246/2025) BETWEEN: Santhosh, Aged about 36 years, S/o Late Mallu Naik, R/o Ravalu Mane, Januvarkatte Post, Billadi Village, Udupi Taluk and District. ...APPELLANT (By Sri. K. Prasanna Shetty, Advocate) AND: 1. Dinesh Acharya Aged about 49 years, S/o Late Krishnayya Acharya, R/o Harthattu, Manoor Post, Giliyaru Village, Udupi Taluk and District. 2. United India Insurance Co. Ltd., Rep. by its Manager, Shree Laxmi Narasimha Complex, Opp. KSRTC Depot, 2 Voderhobli, NH-66, Kundapura Taluk, Udupi District. …RESPONDENTS (By Sri. S.V. Hegde Mulkhand, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 10.04.2024) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.09.2022 PASSED IN MVC NO. 75/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, KUNDAPURA, 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 Appellant - Claimant 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 amicably. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant - claimant has agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 40,000/- (Rupees Forty 3 Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 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 Rbv