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2025 DAILYLAW 49273 (KAR)

KUMARA v. G N NANDISH

MFA/885/2016 · 2025-04-22

Lok Adalath

body2025

Judgment text

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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.885/2016 (MV-I) (Lok Adalat No.4716A/2025) C/w M.F.A.No.9500/2015 (MV-I) (Lok Adalat No.4716/2025) IN M.F.A. NO. 885/2016: BETWEEN KUMARA S/O JAYARAMU, AGED ABOUT 29 YEARS R/O B. HOSAHALLI VILLAGE DUDDA HOBLI, MANDYA TQ. MANDYA DIST.-571409. ... APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND 1. G.N. NANDISH S/O NAGANNA, MAJOR, R/O. NO.629, GEJJALAGERE VILLAGE MADDUR TALUK, MANDYA DISTRICT-571421. 2. CHALUVARAJU J.C. S/O CHANNEGOWDA, MAJOR, R/AT, NO.149, JEEGUNDIPATNA VILLAGE, MANDYA TQ AND DISTRICT-571410. 2 3. SRIRAM GENERAL INSURANCE CO. LTD. R/P BY ITS BRANCH MANAGER, NO.5/5, 3RD FLOOR, MONARK CHURCH, INFANTRY ROAD, BANGALORE-560001. ...RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2015 PASSED IN MVC NO.502/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO. 9500/2015: BETWEEN SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/5, 3RD FLOOR, MONARCH CHAMBERS INFANTRY ROAD, BANGALORE-560001. NOW REPRESENTED BY ITS MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKAHALLI MAIN ROAD, OFF B.G. ROAD, IIM POST, BANGALORE-560 076. … APPELLANT (BY SRI. B.C. SHIVANNE GOWDA , ADVOCATE) AND 1. KUMARA, S/O JAYARAMU, NOW AGED ABOUT 29 YEARS, RESIDING AR B. HOSAHALLI VILLAGE, 3 DUDDA HOBLI, MANDYA TALUK-571401. 2. G.N. NANDISH, S/O NAGANNA, MAJOR, NO.629, GEJJALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571401. 3. CHALUVARAJU J.C. S/O CHANNEGOWDA, MAJOR, NO.149, JEEGUNDIPATNA VILLAGE, MANDYA TALUK AND DISTRICT - 571401. …RESPONDENTS ((BY SRI. SREENIVASAN M.Y., ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2015 PASSED IN MVC NO.502/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, MANDYA, AWARDING COMPENSATION OF RS.3,28,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALISATION. THESE APPEALS 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. 4 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 have agreed to receive and the respondent - Insurance Company has agreed to pay a sum of Rs.4,08,400/- (Rupees Four Lakh Eight Thousand Four Hundred Only) with interest at 6% p.a. from the date of petition till the date deposit, as against to what has been awarded by the Claims 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 5 4. The entire modified amount shall be release in the favour of the appellants/claimants, on proper identification. 5. Accordingly, M.F.A.No.885/2016 filed by the appellant – claimant stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A.No.885/2016 filed by the appellant – claimant, the connected M.F.A.No.9500/2015 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER NM