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2025 DAILYLAW 57836 (KAR)

CHANDRASHEKAR S CHIKKMATH v. ALPHONSE CASTELINO

MFA/348/2020 · 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 RAVI V. HOSMANI & SMT. MANJULA D., MEMBER M.F.A. No.348/2020 (MV-I) (Lok Adalat No. 128/2025) BETWEEN: CHANDRASHEKAR S. CHIKKMATH, S/O SHIVALINGAYYA, AGED ABOUT 35 YEARS, R/AT GOVT. TEACHER AT PRIMARY SCHOOL, SAMPKANDA, ALAVALLI POST, SIDDAPURA TALUK, U K DISTRICT …APPELLANT (BY SRI SHRIPAD V. SHASTRI, ADVOCATE) AND: 1 . ALPHONSE CASTELINO, S/O POUL CASTELINO, AGED ABOUT 29 YEARS, R/O HOUSE NO.4-93, SHANTHIKERE MADAMBU, INNANJE POST, UDUPI. 2 . SANDEEP, S/O NARAYANA KULAL, AGED ABOUT 37 YEARS, 2 R/AT HOUSE NO.1-204 (1) BIJIKREDADU HOUSE, SHANKARPURA, SHIRVA, UDUPI TALUK AND DISTRICT. 3 . THE MANAGER, RELIANCE GENERAL INSURANCE CO LTD., CLAIM SECTION, 5TH FLOOR, EAST WING, CENTURY BUILDING, M.G. ROAD, BANGALORE-1. …RESPONDENTS (BY SRI ASHOK N. PATIL, ADVOCATE FOR R.3; V/O/DATED 06.12.2023, NOTICE TO R1 & R2 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2018 PASSED IN MVC NO.191/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8 , SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for appellant - claimant is present. Learned counsel appearing for respondent – Insurance Company along with its representative are present. 2. After prolonged negotiations, matter is settled. A joint memo signed by learned advocate appearing for appellant/claimant (being authorized by appellant/claimant to sign) and learned advocate 3 appearing for respondent-Insurance Company and its authorized officer is filed. Appellant-claimant has agreed to receive and respondent-Insurance Company has agreed to pay a lumpsum of Rs.45,000/- (Rupees Forty Five Thousand), in addition to what has been awarded by Tribunal, in full and final settlement of claim. 3. Respondent - Insurance Company has agreed to deposit said amount before Tribunal within six weeks from date of preparation of award, failing which said amount shall carry interest at rate of 9% P.A. from the date of default, till date of deposit. 4. Entire enhanced compensation amount shall be released in favour of appellant / claimant, on proper identification. 5. This Miscellaneous First Appeal stands disposed of in terms of Joint memo. Judgment and Award of Tribunal shall stand modified accordingly. Draw up Award accordingly. Sd/- JUDGE Sd/- MEMBER AV