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2025 DAILYLAW 57234 (KAR)

LOKESH v. THE MANAGER,

MFA/1845/2021 · 2025-04-22

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI S. SAMPRATHI, MEMBER M.F.A.No. 1845/2021 (MV- I) (Lok Adalat No. 1891/2025) BETWEEN: LOKESH S/O LATE K.G. KENCHAPPA AGED ABOUT 36 YEARS R/O CHUNCHANAHALLI PALYA VILLAGE, BELLURU HOBLI, NAGAMANGALA TALUK MANDYA DIST-571434 ...APPELLANT (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: 1. THE MANAGER, NATIONAL INSURANCE CO. LTD., NO.1119/B, M.C.ROAD, 100 FEET ROAD MANDYA TOWN-571401 2. SMITHA B.N. W/O LATE SHEETHAL KUMAR M.J. MAJOR, R/O WARD NO.-5, 2 MAYASANDRA ROAD, TURUVEKERE TOWN AND TALUK TUMAKURU DIST.572227 (OWNER OF VEHICLE) 3. NIDHI D/O LATE SHEETHAL KUMAR AGED ABOUT 11 YEARS, R/O WARD NO.5, MAYASANDRA ROAD, TURUVEKERE TOWN AND TALUK, TUMAKURU DIST.572227. SINCE 3RD RESPONDENT WAS MINOR REPRESENTED BY HER MOTHER SMITH 2ND RESPONDENT HEREIN 4. SMT. DHARMAMMA W/O LATE JAYANTH KUMAR AGED ABOUT 66 YEARS R/O NEAR SBM ROAD, MAYASANDRA ROAD, TURUVEKER TOWN AND TALUK TUMAKURU DIST.572227. …RESPONDENTS (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE FOR R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2020 PASSED IN MVC NO. 563/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for the Respondents – 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.60,000/- (Rupees Sixty 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 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 NM