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2025 DAILYLAW 35799 (KAR)

GIDDEGOWDA v. M/S M K AGRO TECH PVT., LTD.,

MFA/8721/2023 · 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 08TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SRI. VIJAYAKUMAR. MAJAGE, MEMBER M.F.A.No.8721/2023 (MV) (Lok Adalat No.772/2025) BETWEEN: 1 . GIDDEGOWDA S/O MARI GOWDA SINCE DEAD REPRESENTED BY LRS PRAVEENA A. J., W/O LATE GIDDE GOWDA, AGED ABOUT 41 YEARS, 2 . AJITH KUMAR, S/O LATE GIDDE GOWDA, AGED ABOUT 29 YEARS 3 . ABIJITH @ ABIJITH GOWDA, S/O LATE GIDDE GOWDA AGED ABOUT 28 YEARS, 4. DHANALAKSHMI, D/O LATE GIDDE GOWDA, AGED ABOUT 16 YEARS, APPELLANT NO.4 IS A MINOR, AND APPELLANT NO.1 WILL BE THE 2 GUARDIAN. ALL ARE R/AT BITTAGOWEDANAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 201. ...APPELLANTS (BY SRI. CHETHAN B., ADVOCATE) AND: 1 . M/S. M K AGRO TECH PVT., LTD., NO.389, KAVERI LAYOUT, M.B.ROAD, SRI RANGAPATNA, MANDYA - 571438. THE BRANCH MANAGER. 2 . THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., 2ND FLOOR, MYSORE TRADE CENTER, OPP. K.S.R.T.C. BUS STAND, B N ROAD, MYSORE - 570001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 29.05.2023 PASSED IN MVC NO.980/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, 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. 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. 8,50,000/- (Rupees Eight Lakhs 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, 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 4 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