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2025 DAILYLAW 56664 (KAR)

MR SHARATH @ SHARATH KUNDAR v. MR RAJESH

MFA/1489/2024 · 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 MR. JUSTICE SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO.1489/2024(MV) (Lok Adalat No. 2038/2025) BETWEEN Mr. Sharath @ Sharath Kundar Aged about 28 years S/o Vijaya R/at H.No.2-68E, Darkas Kumbalibettu, Havanje Village Brahmavar Taluk, Udupi District ...Appellant (By Sri Jayantha Poojary, Advocate) AND 1. Mr. Rajesh Aged about 35 years S/o Mr. Shekar Naik R/at H.No.2-64C Manthra Kripa Nilaya Brahmavar Taluk Udupi District 2. The Divisional Manager The Oriental Insurance Co. Ltd., Court Road, Udupi City Udupi District Represented by its Divisional Manager …Respondents (By Smt. Geetha Raj, Advocate for R2; vide order dated 03.06.2024 notice to R1 is dispensed with) - 2 - This MFA filed u/s 173(1) of MV Act against the judgment and award dated 30.12.2023 passed in MVC No.967/2022 on the file of the Additional MACT and II Additional Senior Civil Judge, 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 Learned counsel appearing for the appellant- claimant is present. 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.1,75,000/- (Rupees One Lakh Seventy-five Thousand), 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 - 3 - 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 Award accordingly. Sd/- JUDGE Sd/- MEMBER KMV