Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35548 (KAR)

ADIRAMAIAH SETTY v. T. L. RAJENDRAN

MFA/8464/2023 · 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. 8464/2023 (MV) (Lok Adalat No. 616/2025) BETWEEN: 1. Adiramaiah Setty S/o Late Krishnaiah Setty, Aged about 73 years. 2. Soundarya Lakshmi W/o Adiramaiah Setty, Aged about 63 years. 3. Amaranath A. S/o Adiramaiah Setty, Aged about 29 years. 4. Koushik A. S/o Adiramaiah Setty, Aged about 27 years. All are R/o Neralekere Village, Neralekere (P), Midigeshi Hobli, Madhugiri Taluk, 2 Tumakuru District. ...APPELLANTS (By Sri. Sathisha T., Advocate) AND: 1. T.L. Rajendran S/o Late Lakshman, Aged about 64 years, Prop: SDL Company, Dhanalakshmi Nilaya, 1st Main Road, Adarsha Nagaram, Tumakuru Town, Tumakuru District. 2. The Manager, The HDFC ERGO General Insurance Co. Ltd., No.25/1, 2nd Floor, Building No.2, Shankaranarayana Building, M.G. Road, Bengaluru-560 001. …RESPONDENTS (By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 19.02.2025) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2023 PASSED IN MVC NO. 1060/2020 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND 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. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 50,000/- (Rupees Fifty Thousand 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 4. The entire enhanced compensation amount shall be released in favour of the appellants/claimants, on proper identification in terms of the apportionment made by the Claims Tribunal. 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