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2025 DAILYLAW 67151 (KAR)

MAHESHA v. BALAKRISHNA

MFA/6535/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

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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 SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.6535 OF 2024 (MV-I) (LOK-ADALAT NO.710 OF 2025) BETWEEN: MAHESHA SON OF SIDDANAYAKA AGED ABOUT 32 YEARS RESIDING AT HIRIKYATHANAHALLI VILLAGE AND POST, GAVADAGERE HOBLI HUNSUR TALUK MYSURU DISTRICT-571 134. ...APPELLANT (BY SRI SYED ABDUL SABOOR, ADVOCATE) AND: 1. BALAKRISHNA SON OF JUMJEGOWDA AGED ABOUT 39 YEARS RESIDING AT 110 KIRIJAJI ROAD, HUNSUR TALUK MYSURU DISTRICT - 571 105. 2. MANAGER BRANCH OFFICE UNITED INDIA INSURANCE COMPANY LIMITED NEW KANTHARAJA URS ROAD, BALLAL CIRCLE MYSURU-570 004. …RESPONDENTS (BY SRI G. S. MARULAIAH, ADVOCATE, FOR R-2) 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13-04-2023 PASSED IN M.V.C. NO.403 OF 2020 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellant-claimant and 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 counsel appearing for the appellant- claimant and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees forty 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall 3 carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 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 off 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 kvk