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 T M NADAF
&
MR. PAVANA CHANDRA SHETTY H, MEMBER
M.F.A.No.5498/2023 (MV) (Lok Adalat No.276/2025) BETWEEN:
SRI. S SUBHASH S/O SHAM SUNDAR N, AGED ABOUT 24 YEARS, R/AT NO.38M SREE KRUPA, 4TH MAIN ROAD, MATHIKERE BENGALURU – 560 054. …APPELLANT (BY SRI. A S GIRISH, ADVOCATE)
AND
1 . SRI. KARUNAKARAN M AGED IS MAJOR, R/AT NO.256, 5TH CROSS, 4TH MAIN ROAD, 2ND BLOCK, NANDINI LAYOUT, BENGALURU – 560 092 (OWNER OF TEMPO BEARING NO.KA-02-D-4350)
2 2 . SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN - 302 022 REP BY ITS MANAGER
BY ITS MANAGER, (INSURER OF TEMPO BEARING NO.KA-02-D-4350)
…RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE FOR R2;
VIDE ORDER DATED 20.02.2024, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2023 PASSED IN MVC NO.7608/2019 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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 No.2 – 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
3 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent No.2 – Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent No.2 – Insurance Company has agreed to pay a lump-sum of Rs.3,65,000/- (Rupees Three Lakhs Sixty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The respondent No.2 – 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.
Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.1,65,000/- is directed to be invested in Fixed Deposit in the name of the appellant/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 5 years with liberty to the
4 appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.2,00,000/- is ordered to 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
MH/-