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2025 DAILYLAW 55741 (KAR)

D KUMARASWAMY v. RAHEES ROSHAN

MFA/18/2023 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE R. DEVDAS & SRI. RAJASHEKAR K. MEMBER M.F.A.NO. 18/2023 (MV-D) (Lok Adalat No.2559/2025) BETWEEN: D. KUMARASWAMY, S/O DASAPPA, AGED ABOUT 40 YEARS, R/A DEVARADODDI, ANJAPURA POST, KAILANCHA HOBLI, RAMANAGARA TALUK - 562 159. ...APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND 1 . RAHEES ROSHAN S/O ASSANKOYA, AGED MAJOR, R/A NO.26, RAMACHANDRAPURAM, SREERAMPURA, BENGALURU - 560 023. 2 . NATIONAL INS. CO. LTD., BY ITS REGIONAL MANAGER, SUBHARAM COMPLEX, M. G. ROAD, BENGALURU - 560 001. 2 …RESPONDENTS (BY SRI.C. SHANKAR REDDY., ADVOCATE FOR R2; V/O/D NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.05.2017 PASSED IN MVC NO.247/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MACT, RAMANGARAM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE HIGH COURT 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 have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs. 20,000/- (Rupees Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 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. 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 AMA