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2025 DAILYLAW 56478 (KAR)

VASANTHI v. HARISH N HARIKANTH

MFA/4521/2023 · 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 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 C. M. JOSHI & SRI. RAJASHEKAR. K, MEMBER M.F.A.No.4521/2023 (MV-D) (Lok Adalat No.5213/2025) BETWEEN: 1 . VASANTHI, AGED ABOUT 55 YEARS, W/O. LATE. SUNDARA POOJARY. 2 . NAVEEN, AGED ABOUT 33 YEARS, S/O. LATE. SUNDARA POOJARY. 3 . NAYANA, AGED ABOUT 29 YEARS, D/O. LATE. SUNDARA POOJARY. ALL ARE R/O H.NO.3-232, SHANTHI NAGAR, BIRTHI, VARAMBALLI, BRAHMAVARA, UDUPI-576213. ...APPELLANTS (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) 2 AND: 1 . HARISH N. HARIKANTH, AGED ABOUT 41 YEARS, S/O. NAGAPPA HARIKANTH, R/O. H.NO.177/B, HARIKANTRAKERI, MAVALLI-1, MURDESHWARA, BHATKAL, KARWAR DISTRICT-581 350. 2 . THE DIVISIONAL MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, C-22, MAXIMAS COMPLEX, ABOVE ABN AM RAO BANK, LIGHT HOUSE HILL ROAD, MANGALORE -575003. …RESPONDENTS (BY SRI. JAGADEESH P S, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2023 PASSED IN MVC NO. 242/2021 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, 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 Appellants - Claimants are present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 3 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants-claimants (being authorized by the appellants-claimants to sign) and the learned advocate appearing for the respondent-Insurance Company Ltd., and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,85,000/- (Rupees One Lakh Eighty 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 apportionment shall be in the ratio as per the award and the entitlement of the additional compensation awarded herein, shall be released to them without any deposit. 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 SHS