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2025 DAILYLAW 35601 (KAR)

SRI. SURESH v. THE MANAGER

MFA/8596/2023 · 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 SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO. 8596 OF 2023 (MV) (Lok Adalat No.366/2025) BETWEEN Sri Suresh, S/o Shanmugam, Aged about 38 years, Driver, R/at No.52, 4th Main, 6th Cross, L.N.Pura, Bengaluru-560021. ...Appellant (By Sri Naik Krishna Venkatraman, Advocate) AND 1. The Manager, M/s. Apra Cabs India Private Limited, No.3 and 4, SVR Layout, Off 80 Feet Road, Koramangala, Bengaluru-560095. Owner of Maruthi Ritz Car, Bearing Regn No. KA-03/AF-2918. 2. The Manager, M/s Ola Fleet Technologies Private Limited, No.3-4, - 2 - 5 Venkata Reddy Layout, 80 Feet Road, Koramangala, Bengaluru-560095. 3. The Manager, Bajaj Alliance General Insurance Company Limited, Regional Office, Golden Heights, 4th Floor, 1/2 5th 'C' Cross, 4th 'M' Block, Rajajinagar, Bengaluru-560010. …Respondents (By Sri P.S.Jagadish, Advocate for R3) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 07.09.2023 passed in MVC No.4293/2019 on the file of the Additional SCJ and ACMM, Member, MACT-3, Bengaluru, C/c of Judge & ACMM, Member, MACT, Bengaluru, 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 third 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 - 3 - third respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent- insurance company has agreed to pay a lump-sum of Rs.25,000/- (Rupees Twenty Five Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The third 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. Further, the insurance company has the right to recover the enhanced amount as stated above, including MACT award as per the judgment passed by the Claims 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 award accordingly. Sd/- JUDGE Sd/- MEMBER CKL CT: BL