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2025 DAILYLAW 56748 (KAR)

MASTER GANGADHAR @ GAGAN v. SRI. SHASHIKUMAR.K. R.

MFA/2872/2023 · 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 SPECIAL LOKADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE H.P. SANDESH & SRI. S.S. MAHENDRA, MEMBER M.F.A. NO.2872/2023(MV) (Lok Adalat No.1989/2025) BETWEEN MASTER GANGADHAR @ GAGAN S/O KUMAR AGED ABOUT 04 YEARS SINCE MINOR, REP. BY HIS FATHER AND NATURAL GUARDIAN SRI. KUMAR S/O CHANDRAPPA AGED ABOUT 33 YARS, R/O GOLLARAHATTI VILLAGE S. BIDARE POST SAKREPATNA HOBLI CHIKKAMAGALURU DISTRICT-577 101. …APPELLANT (BY SRI. VINOD GOWDA, ADVOCATE) AND 1 . SRI. SHASHIKUMAR K R S/O. RUDRAPPA AGED ABOUT 33 YEARS, CONTRACT BASIS D GROUP EMPLOYEE 2 IN GOVERNMENT HOSPITAL R/O KADURAHALLI VILLAGE KADUR TALUK-577 101. 2 . SRI. ALIJAN S/O. BASHEER SAB AGED ABOUT 57 YEARS AMBULANCE DRIVER R/O WARD NO.2 DODDI BEEDHI RAHAMATH NAGAR KADUR TOWN-577 101. (OWNER OF MARUTHI OMNI BEARING REG. NO.KA-02/P-8596) 3 . THE MANAGER UNITED INDIA INSURANCE CO. LTD., KADUR BRANCH, KADUR TOWN CHIKKAMAGALURU DISTRICT-577 101. …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.02.2023 PASSED IN MVC NO.86/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU AND ETC. THIS APPEAL COMING ON FOR CONCILIATION BEFORE SPECIAL LOKADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for Respondent No.3– 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for respondent No.3- 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.3,00,000/- (Rupees Three 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 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. Since the appellant – claimant is minor, out of the enhanced compensation of Rs.3,00,000/-, ordered to release an amount of Rs.1,00,000/- in favour of the guardian to provide 4 education to the minor child on proper identification and an amount of Rs.2,00,000/- shall be kept in Fixed Deposit in the name of the appellant in any Nationalized / Scheduled Bank till he attains the majority with liberty to the minor guardian to withdraw the accrued interest quarterly for the purpose of education of the minor. 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 SN