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2025 DAILYLAW 34252 (KAR)

SRI. MAHESH. S. K. v. K. C. RUDRESH

MFA/7574/2023 · 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 T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER M.F.A.No.7574/2023 (MV) (Lok Adalat No.541/2025) BETWEEN: SRI. MAHESH. S.K. S/O LATE KAPPANNA, AGED ABOUT 46 YEARS, R/AT SIDDAPURA VILLAGE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT …APPELLANT (BY SRI. SATHISHA T, ADVOCATE) AND: 1 . K.C.RUDRESH S/O CHANDRACHAR AGE IN MAJOR R/O NO.01, SUVARNA NAGAR, DODDABIDARAKALLU, NAGASANDRA POST, BENGALURU – 560 073 2 2 . THE MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD., S V ARCADE, NO.3/5, 3RD FLOOR, BILEKAHALLI ROAD, BANNERAGHATTA ROAD, BENGALURU – 560 076 NOW REPRESENTED BY THE REGIONAL MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD., NO.8/5, 2ND FLOOR, MUNIRSH CHAMBER, INFANTRY ROAD BENGALURU – 560 001 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.06.2023 PASSED IN MVC NO.1192/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MACT, MADHUGIRI, 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. 3 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 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.1,10,000/- (Rupees One Lakh Ten 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. Further, the respondent No.2 – Insurance Company has the right to recover the enhanced amount as stated herein, including MACT award as per the judgment passed by the Tribunal. 4 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 MH/-