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2025 DAILYLAW 56510 (KAR)

YOGISHA v. GAGAN

MFA/2535/2025 · 2025-08-22

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 22ND DAY OF AUGUST 2025 CONCILIATORS PRESENT: THE HON’BLE SRI. JUSTICE RAJESH RAI.K & SMT.NALINA.K, MEMBER M.F.A.No.2535/2025 (MV) (Lok Adalat No.5388/2025) BETWEEN: YOGISHA S/O CHIDAMBARACHAR, NOW AGED ABOUT 24 YEARS, R/AT KADABA, GUBBI TALUK, TUMAKURU DISTRICT. ...APPELLANT (BY SRI.RAGHU.R, ADVOCATE) AND 1 . GAGAN S/O CHIDAMBARACHAR, NOW AGED ABOUT 30 YEARS, R/A ARALIKERE MALE, KADABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572216. 2 . THE MANAGER, ICICI LOMBARD GEN INS. CO., LTD., REP. BY ITS MANAGER VARSHA NAIR, NO. 121, EAST BUILDING, 9TH FLOOR, DICKSON ROAD, BANGALORE-560042. RESPONDENTS (BY SRI. P.S.JAGADISH, ADVOCATE FOR R-2) Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA 2 MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.08.2024 PASSED IN MVC NO.826/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, GUBBI, 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 is 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.1,00,000/- (Rupees One Lakh 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 3 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 SRK