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. 4647/2024 (MV) (Lok Adalat No. 543/2025) BETWEEN: Sri. Mohan S/o Rajanna, Aged about 30 years, R/at Sakkaregollahalli Village, Bengaluru Rural, Karnataka-561 204. ...APPELLANT
(By Sri. K.V. Naik, Advocate) AND:
1. Naveen N. S/o Narasimhamurthy, Major, R/at No.44, Garudagallu, Sasalu, Doddaballapura, Bengaluru – 561 204. 2. The Manager, Future General Insurance Co. Ltd., No.31, 3rd Floor,
2 Above Croma Show Room, Shravanee Krishna Mansion, 100 Feet Road, 2nd Block, Jayanagar, Bengaluru-560 011. …RESPONDENTS
(By Sri. B.C. Shivanne Gowda, Advocate for R-2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2024 PASSED IN MVC NO. 6898/2022 ON THE FILE OF THE XIX ADDL. JUDGE, COURT OF SMALL CAUSES & MEMBER, MACT (SCCH-17), BENGALURU, 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
3 filed. The appellant - claimant has agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 4,15,000/- (Rupees Four Lakhs Fifteen 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 Learned Counsel for the appellant / claimant pleaded that there is a serious financial stress to the family of the appellant/claimant and prays for release of the compensation amount.
Therefore, it is ordered that out of enhanced compensation of Rs.4,15,000/-, a sum of Rs.3,00,000/- shall be released in favour of the appellant / claimant, on proper identification. The remaining compensation of Rs.1,15,000/- shall be kept in fixed deposit in the name of the appellant/claimant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the accrued interest periodically. 4
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