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2025 DAILYLAW 57493 (KAR)

MR D M CHANDRASHEKHARA v. MR RAJENDRA @ RAJENDRA BANGERA

MFA/349/2022 · 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 NATIONAL 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 K.V. ARAVIND & SRI. JAVEED S., MEMBER M.F.A.No.349/2022 (MV) (Lok Adalat No.2003/2025) BETWEEN 1. MR. D.M. CHANDRASHEKHARA S/O LATE MALLAPPA AGED ABOUT 54 YEARS 2. SMT. SUDHA W/O D.M. CHANDRASHEKHARA AGED ABOUT 48 YEARS BOTH ARE R/O DORNALU VILLAGE KASABA HOBLI TARIKERE TALUK ...APPELLANTS (BY SRI. RAJARAMA S, ADVOCATE) 2 AND 1 . MR. RAJENDRA @ RAJENDRA BANGERA S/O RAMA @ RAMA SAPALYA AGED ABOUT 52 YEARS DRIVER OF LORRY NO.KA 19/AA7593 R/O STAFF KAMADHENU GAS AGENCIES R B CENTER, KADRI TOLL GATE MANGALURU-575 002 ALSO R/O POYATH BYLE HOUSE KODLAMUGARU POST MANJESHWARA, KASARGODU KERALA STATE 2. MR. DINESH SHETTY @ DINESH KUMAR SHETTY S/O LATE Y.R. SHETTY AGED ABOUT 52 YEARS OWNER OF KAMADHENU GAS AGENCIES AND OWNER OF LORRY NO.KA19/AA7593 R/O KADRA TOLL GATE MANGALURU 3. THE NEW INDIA ASSURANCE COMPANY LTD 3RD FLOOR, ESSEL CHAMBERS KARANGALPADY, MANGALURU BRANCH OFFICE AT CHIKKAMAGALURU INSURER OF LORRY NO.KA19/AA7593 …RESPONDENTS (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.03.2021 PASSED IN MVC NO. 263/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C., TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company 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.6,04,758/- (Rupees Six Lakhs Four Thousand Seven Hundred Fifty Eight 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. Out of the enhanced compensation, the claimants are entitled to withdraw the sum of Rs.3,00,000/- in the proportion as ordered by the Tribunal. The balance amount shall be deposited as per the terms of the Judgment and Award passed by the Claims Tribunal. 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 Yn.