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2025 DAILYLAW 56455 (KAR)

KANTHARAJU v. T B CHETANA

MFA/4378/2020 · 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 LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. MUDAGAL & SMT. P.V. KALPANA, MEMBER M.F.A.No. 4378/2020 (MV) (Lok Adalat No.1391/2025) BETWEEN: KANTHARAJU, S/O SANNABASAVANAYAKA, AGED ABOUT 47 YEARS, R/AT MUDUDI VILLAGE, GANDSI HOBLI, ARSIKERE TALUK - 573 103 HASSAN - 573 201. ...APPELLANT (BY SRI. JAGADEESH H. T, ADVOCATE) AND: 1. T. B. CHETANA, S/O BASAVARAJU, MAJOR, R/AT TALALUR VILLAGE AND POST, KASABA HOBLI, ARSIKERE TALUK - 573 103. 2 2. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., ARSIKERE BUSINESS CENTER, B.H. ROAD, ARSIKERE TOWN -573103. …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2020 PASSED IN MVC NO. 239/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, ARSIKERE, 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 negotiation, the matter is settled. A joint memo signed by the learned Counsel appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned Counsel 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 3 Rs.30,000/- (Rupees Thirty Thousand Only), in addition to what has been awarded by the Claim Tribunal inclusive of interest, 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. On such deposit, the entire enhanced compensation amount shall be released in favour of the appellant-claimant digitally on furnishing required documents. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The impugned Judgment and Award of the Tribunal shall stand modified accordingly. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER SHS