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2025 DAILYLAW 54093 (KAR)

SRI R UMESHA v. SRI SHANTHA KUMAR P H

MFA/3966/2019 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 3966/2019(MV) (Lok Adalat No. 6385/2025) BETWEEN SRI R UMESHA S/O RAJU, R/AT NO.38/3-22, 2ND FLOOR, SOUTH END CIRCLE, BASAVANAGUDI, BENGALURU-560 004. … APPELLANT (BY SRI. S. PRAKASH SHETTY, ADVOCATE) AND: 1. SRI SHANTHA KUMAR P H S/O HANUMANTHAPPA P.S. R/AT NO.268/12, SRIKRISHNA, OPP:DURGAPARAMESHWARI NAGAKANNIKA TEMPLE, DERABAIL, KONCHADY, 2 DAKSHINA KANNADA-575 008 OWNER OF CAR BEARING REG.NO.KA-16-M-6446. 2. BRANCH MANAGER FUTURE GENERALI INDIA INSURANCE CO. LTD 3RD AND 4TH FLOOR, NO.31, SHRAVANEE KRISHNA MANSION, 100 FEET ROAD, 2ND BLOCK, JAYANAGARA, BENGALURU-560 001 INSURER OF CAR BEARING REG.NO.KA-16-M-6446 POLICY NO.2016-V4486462-FPV VALID FROM 07-06-2016 TO O06-06-2017. 3. SRI.CHANNESHRAJU P.S. S/O HANUMANTHAPPA. P.S. R/AT NO.268/12, SRIKRISHNA, OPP:DURGAPARAMESHWARI NAGAKANNIKA TEMPLE, DERABAIL, KONCHADY, DAKSHINA KANNADA-577 008 DRIVER OF CAR BEARING REG NO. KA-16-M-6646. 4. SRI.PRASHANTH SHETTY S/O RAMANNA SHETTY, R/AT NO.3/6, 1TH CROSS, MAGADI ROAD, BENGALURU-560 023 OWNER OF MARUTHI SX4 CAR BEARING KA-02-MF-3875 5. BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD, DIVISIONAL OFFICER, XV IML BUILDING, IIND FOOR, N.R.SQUARE, BENGALURU-560 002 INSURER OF MARUTHI SX4 CAR, BEARING NO.KA.02-MF-3875 3 POLICY NO.073000117P100662062 VALID FROM 14-04-2017 TO 13-04-2018 …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R-2 SRI NAGARAJAIAH K, ADVOCATE FOR R-5) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31/01/2019, PASSED IN MVC NO.6277/2017, ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 lump-sum of Rs.4,00,000/- (Rupees Four Lakh 4 only) in addition to what has been awarded by the 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. 4. The apportionment, deposit and release of the enhanced 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 srk