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2025 DAILYLAW 48825 (KAR)

SRI NAGESH v. H S RAMESH

MFA/4961/2016 · 2025-04-22

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 22ND DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI S. SAMPRATHI, MEMBER M.F.A.No. 4961/2016 (MV- I) (Lok Adalat No. 290/2025) BETWEEN: 1. SRI. NAGESH S/O KALAIAH AGED ABOUT 40 YEARS R/AT BEVINAHALLI VILLAGE AKKI HEBBAL HOBLI K.R.PETE TALUK MANDYA DISTRICT NOW R/AT C/O RAMACHANDRA S/O LATE MUDDAIAH HAVINAMARANAHALLI VILLAGE SHRAVANURU (P) HALLI MYSORE(H) HOLENARASIPURA TALUK HASSAN DISTRICT-573201 ...APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) 2 AND: 1. H.S. RAMESH S/O SKUBBEGOWDA R/O HARALAHALLI VILLAGE SELANERE HOBLI K.R.PETE TALUK MANDYA DISTRICT-571401 2. L.M. RAJU S/O L.K.MANJUNATH 25 YEARS, LAKSHMIPURA (V) KIKKERI HOBLI K.R.PETE TALUK MANDYA DISTRICT-571401 (OWNER OF LORRY NO.KA-18-3584) 3. THE MANAGER SHRIRAM GENERAL INS. CO. LTD. OPPOSITE CAUVERY COMFORTS B.M.ROAD, HASSAN-573201 POLICY NO.10003-31-11-093356 VALID FROM 3.6.10 TO 2.6.11. 4. MOHAMMED ARISH S/O HAMID, VIVEKANANDA NAGAR HALEPETE UJJIRE, BELTHANGADI TALUK SOUTH CANARA DISTRICT-571601. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2015 PASSED IN MVC NO.35/2011 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, XII ADDL. 3 SMALL CAUSES JUDGE (SCCH-8), BANGALORE, 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 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 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 sum of Rs.2,69,200/- (Rupees Two Lakh Sixty Nine Thousand Two Hundred only), with interest 6% p.a. from the date of petition till the date of deposit, as against Rs.1,71,400/- awarded by the claims tribunal, in full and final settlement of the claim. 4 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 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 the Award accordingly. Sd/- JUDGE Sd/- MEMBER NM