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2025 DAILYLAW 66971 (KAR)

SHASHIDHARA v. NAGARAJU Y T

MFA/777/2024 · 2025-12-13

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 13TH DAY OF DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT.NALINA K. MEMBER M.F.A.No. 777/2024 (MV) (Lok Adalat No.8658/2025) BETWEEN: SHASHIDHARA, S/O DEVARAJA, NOW AGED ABOUT 22 YEARS, R/A YARABALLI, HAGALAVADI POST, GUBBI TALUK, NOW R/A MALLASANDRA, KASABA HOBLI, TUMAKURU TALUK. ...APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. NAGARAJU Y.T., S/O THIMMAIH, NOW AGED ABOUT 48 YEARS, YARABALLI, HAGALAVADI POST, GUBBI TALUK - 572 216. 2 2. THE BRANCH MANAGER, HDFC GEN INS. CO. LTD., 2ND FLOOR, JENEEVA HOUSE, CUNNINGHAM ROAD, BANGALORE - 56. ...RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.08.2023 PASSED IN MVC NO.995/2021 ON THE FILE OF THE II ADDL. DISTRICT JUDGE AND MACT AT TUMAKURU 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. CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present through video conferencing/physical hearing. 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 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 3 has agreed to pay a lump-sum of Rs.13,00,000/- (Rupees Thirteen 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in 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 GPG