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2025 DAILYLAW 56275 (KAR)

SRI M UMESHA v. SRI SHIVAMURTHAPPA

MFA/6355/2022 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE 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. 6355/2022 (MV) (Lok Adalat No.3944/2025 ) BETWEEN: SRI. M UMESHA, S/O MAHESHWARAPPA, AGED ABOUT 46 YEARS, AGRICULTURIST, R/O HEBBALAGERE VILLAGE, NOW R/O IDEHALLY VILLAGE, HOLALKERE TALUK - 577 526, CHITRADURGA DIST. ...Appellant (By Sri. HARISH N.R., ADVOCATE) AND 1 . SRI SHIVAMURTHAPPA, S/O LATE SIDDAPPA, AGED ABOUT 64 YEARS, R/O HEBBALAGERE VILLAGE, CHANNAGIRI TALUK - 577 215. 2 . SRI BASAVARAJAPPA, S/O LATE SIDDAPPA, AGED ABOUT 62 YEARS, R/O HEBBALAGERE VILLAGE, 2 CHANNAGIRI TALUK - 577 215. 3 . SRI ESHWARAPPA, S/O LATE SIDDAPPA, AGED ABOUT 59 YEARS, R/O HEBBALAGERE VILLAGE, CHANNAGIRI TALUK - 577 215. 4 . SRI KANTHAMMA, D/O LATE SIDDAPPA, W/O THIPESHAPPA, AGED ABOUT 52 YEARS, R/O SHIVAPURA VILLAGE, HOLALKERE TALUK - 577 531. RC OWNER OF TRACTOR BEARING REG NO.KA-17/TA-5397-5398. 5 . THE MANAGER NATIONAL INSURANCE COMPANY CO. LTD., OPP DENTAL COLLEGE, 2ND FLOOR, MELAGIRI PLAZA, DAVANAGERE - 577 001. (POLICY NO.610300131/14/6300030496 VALID FROM 14.02.2015 TO 13.02.2016) …Respondents (By Sri. ASHOK N PATIL., ADVOCATE FOR R5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2021 PASSED IN MVC NO. 837/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HOLALKERE, 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. 3 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.1,25,000/- (Rupees One Lakh Twenty Five Thousand 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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 4 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