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2025 DAILYLAW 48708 (KAR)

DASAPPA v. RAMESH S

MFA/8355/2023 · 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.8355/2023 (MV) (Lok Adalat No.786/2025) BETWEEN: DASAPPA, S/O THIMMANNA, AGED ABOUT 47 YEARS, RESIDING AT HIRE GUNDAGAL, OBLAPURA POST, KORA HOBL,TUMKURU TALUK TUMAKURU DISTRICT. ...APPELLANT (BY SRI. SATHISHA. T., ADVOCATE) AND: 1 . RAMESH S., S/O SANNAKADRUPPA, AGED ABOUT 49 YEARS R/AT BEJIHALLI VILLAGE, LAKKANAHALLI POST, SIRA TLUK, TUMAKURU DISTRICT-572137. 2 . THE MANAGER, LIBERTY GENERAL 2 INSURANCE COMPANY LTD., NO. 21/15, THE LAND MARK, 4TH FLOOR, MAHATHMA GANDHI, ROAD, NEAR TRINITY METRO STATION, BENGALURU-560001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 24.02.2023 PASSED IN MVC NO.292/2020 ON THE FILE OF THE COURT OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI, 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 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.5,70,000/- (Rupees Five Lakhs Seventy Thousand only), in full and final settlement of the claim (including the MACT award amount). 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 modified compensation amount to be deposited by the Insurance Company, Rs.2,70,000/- 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.3,00,000/- 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