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2025 DAILYLAW 51047 (KAR)

THE MANAGER v. PUNITH

MFA/6188/2024 · 2025-04-26

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 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON9BLE MRS. JUSTICE K.S. HEMALEKHA & SMT. SOHANI HOLLA, MEMBER M.F.A.No.6188/2024 (MV) (Lok Adalat No.5487/2025) BETWEEN: THE MANAGER, CHOLAMANDALAM MS GIC LTD., SHIMOGA. NOW REP. BY THE MANAGER, CHOLAMANDALAM MS GIC LTD., GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, INDUSTRIAL SUPERB, 4TH M BLOCK, RAJAJINAGAR, BANGALORE-10. ... APPELLANT (BY SRI PRADEEP B., ADVOCATE) AND: 1. PUNITH S/O. BOMMESHAPPA, AGED ABOUT 26 YEARS, R/AT SINGATAGERE VILLAGE AND POST, SINGATAGERE HOBLI, KADUR TALUK, CHIKMAGALUR DISTRICT. 2. PRAKASH S/O. THIMMAPPA, AGED ABOUT 43 YEARS, R/O. NARANAPURA VILLAGE, SINGATAGERE HOBLI, KADUR TALUK. 2 3. LOKESHAPPA, AGED ABOUT 48 YEARS, R/AT SINGATAGERE VILLAGE & POST, SINGATAGERE HOBLI, KADUR TALUK. ... RESPONDENTS (BY SRI N. R. RANGE GOWDA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2023 PASSED IN MVC NO.296/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU DISTRICT, KADUR AWARDING COMPENSATION OF RS.24,56,103/- WITH INTEREST AT 7 PERCENT P.A FROM THE DATE OF PETITION TILL THAT DATE OF REALIZATION. (EXCLUDING FUTURE MEDICAL EXPENSES OF RS.5,00,000/-) 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 - Insurance Company along with its representative is present. The learned counsel appearing for respondents 3 claimants are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents /claimants to sign) and the learned advocate appearing for the appellant-Insurance Company and its authorized officer is filed. The respondents -claimants have agreed to receive and the appellant-Insurance Company has agreed to pay a lump-sum of Rs.23,53,281/- (Rupees Twenty Three Lakhs Fifty Three Thousand Two Hundred and Eighty One only), as against what has been 3 awarded by the claim Tribunal, in full and final settlement of the claim(Inclusive of amount already deposited, if any). 3. The appellant- 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 in deposit if any, shall be transferred to the Claims Tribunal and the amount in excess if any, shall be refunded to the Insurance Compaany. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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