SRI. KIRAN RAAJ @ v. THE NEW INDIA ASSURANCE CO LTD
MFA/1906/2017 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48675 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48675 (KAR) · dailylaw.ai ]
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.1906/2017 (MV) (Lok Adalat No.559/2025) BETWEEN:
SRI. KIRAN RAAJ @ KIRAN RAAJ SETHIYA, AGED ABOUT 41 YEARS S/O NEMICHAND, R/AT NO.118/1, 2ND MAIN, 5TH CROSS,CHAMARAJPET, BENGALURU-560 018. ...APPELLANT
(BY SRI. SUPREETH B.P., ADVOCATE)
AND:
1 . THE NEW INDIA ASSURANCE CO. LTD., DO III, MAHALAKSHMI COMPLEX, M.G.ROAD, BENGALURU-560 001. REP.BY ITS MANAGER. 2 . SRI RAJESH KUMAR S/O SOHAN LAL, NO.1/1, B.M.GALLI, A.M. LANE CROSS
2
CHICK PET, BENGALURU-560 053. …RESPONDENTS (BY SRI. SRIKANTA M.P, ADVOCATE FOR R1)
MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 23.11.2016 PASSED IN MVC NO.1111/2016 ON THE FILE OF XXI ADDITIONAL SENIOR CIVIL JUDGE AND XIX 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
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.16,80,000/- (Rupees Sixteen Lakhs Eighty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3
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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.6,80,000/- 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.10,00,000/- 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