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2025 DAILYLAW 32628 (KAR)

SRI MALLIKARJUNAIAH v. THE MANAGER

MFA/8896/2019 · 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 08TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SRI. VIJAYAKUMAR. MAJAGE, MEMBER M.F.A.No.8896/2019 (MV) (Lok Adalat No.557/2025) BETWEEN: SRI. MALLIKARJUNAIAH, S/O LATE. SIDDAPPA, AGED ABOUT 55 YEARS, R/AT SANGANABASAVANA DODDI, MAYAGONAHALLI POST, RAMANAGARA TALUK, RAMANAGARA DISTRICT. ...APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1 . THE MANAGER ORIENTAL INSURANCE CO. LTD., NO.6, 7TH MAIN, ABOVE FOOD WORLD 80 FEET ROAD, 3RD BLOCK, KORAMANGALA, BENGALURU 560 034. 2 . SRI. VENKATESH D., MAJOR, 2 S/O DODDAIAH, NO.74/1, KABBALAMMA NILAYA, 2ND CROSS, SRINAGAR BENGALURU 560 085. …RESPONDENTS (BY SRI. ASHOK NARAYAN NAYAK, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 20.08.2019 PASSED IN MVC NO.203/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA, 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 Respondent – Insurance Company along with its representative is 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 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.9,50,000/- (Rupees Nine Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 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, 3 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. Further, the respondent-Insurance Company has right to recover the enhanced compensation as stated above, including MACT award as per the Judgment passed by the Tribunal. 4. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.3,50,000/- 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 3 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.6,00,000/- 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 AT