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2025 DAILYLAW 30490 (KAR)

LEPAKSHAPPA H v. ROVIAN HARRY A M

MFA/5766/2023 · 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. 5766/2023 (MV) (Lok Adalat No. 261/2025) BETWEEN: Lepakshappa H. S/o Hadapada Sarvakka, Aged about 42 years, R/at #249A, Hadapada, Magala Post & Village, Ballari – 583 216. ...APPELLANT (By Sri. Ravishankar Shastry G., Advocate) AND: 1. Rovian Harry A.M. S/o Maruli Ghosh R., Aged about 22 years, R/at 2-64-5A, Harry Village, Jayanagara, 2nd Cross, Maroli, Kulshekar, Mangaluru Taluk, D.K. District-575 005. 2. Cholamandalam M.S. General Insurance Company Ltd., Unit # 4, 9th Floor, “Golden Heights” Complex, 59th ‘C’ Cross, Industrial Suburb, Rajaji Nagar, Bengaluru – 560 010, 2 Rep. by its Branch Manager, Cholamandalam M.S. General Insurance Co. Ltd., 1st Floor, Sri Complex, Bendoorwell, Mangaluru Taluk, D.K. District – 575 003. …RESPONDENTS (By Sri. D. Vijaya Kumar, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.05.2023 PASSED IN MVC NO. 444/2021 ON THE FILE OF THE I ADDL. DISTRICT JUDGE AND MACT-II, MANGALURU, 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 - 3 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. 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