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2025 DAILYLAW 31999 (KAR)

SRI LOKESH S v. SRI JAYAKUMAR S

MFA/7329/2022 · 2025-03-08

Lok Adalath

body2025

Judgment text

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- 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 SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO. 7329 OF 2022 (MV) (Lok Adalat No.639/2025) BETWEEN Sri Lokesh S., S/o G.Subramani, Aged about 41 years, R/at No.213, 1st Main Road, 4th Cross, Kereangla, Kamalanagar, Bengaluru North, Bengaluru-560079. ...Appellant (By Sri Naik Krishna Venkatraman, Advocate) AND 1. Sri Jayakumar S., Major, No.36, 6th M Cross, R.P.General Store, Srigandha Nagar, V.N.Post, Bengaluru-560091. 2. The Manager, HDFC ERGO General Insurance Company Limited, Shankaranarayana Building, M.G.Road, Bengaluru-560001. - 2 - (Policy No.2315203432583500 Valid from 27/06/2020 to 26/06/2021) …Respondents (By Sri B.Pradeep, Advocate for R2) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 16.07.2022 passed in MVC No.2759/2020 on the file of the XXI Additional Small Cause Judges, ACMM, Member, MACT, Bengaluru, (SCCH-23), 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 Learned counsel for the appellant-claimant and the representative of the second respondent- insurance company and its counsel are present. 2. After prolonged negotiations, the matter is settled. 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 second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum - 3 - of Rs.3,70,000/- (Rupees Three Lakh Seventy Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The second 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. Out of the enhanced compensation amount Rs.2,00,000/- shall be released in favour of the appellant/claimant on proper identification and remaining Rs.1,70,000/- shall be deposited in the name of appellant/claimant in any nationalized bank for a period of 3 years. 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. - 4 - Draw up award accordingly. Sd/- JUDGE Sd/- MEMBER CKL CT: BL