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2025 DAILYLAW 67181 (KAR)

SRI B NANDYAPPA SHETTY v. SRI SHANTHA KUMAR P H

MFA/3964/2019 · 2025-07-12

Lok Adalath

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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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 3964/2019(MV) (Lok Adalat No. 5420/2025) BETWEEN SRI B NANDYAPPA SHETTY S/O. LATE. H RAMANNA SHETTY, AGED ABOUT 65 YEARS R/AT NO. 104, MIG, 7TH CROSS, 2ND STAGE, KHB COLONY, BASAVESHWARANAGAR, BENGALURU – 560 079. … APPELLANT (BY SRI. S. PRAKASH SHETTY, ADVOCATE) AND: 1. SRI SHANTHA KUMAR P H S/O. HANUMANTHAPPA P S, R/AT NO. 268/12, SRIKRISHNA, OPP: DURGAPARAMESHWARI, 2 NAGAKANNIKA TEMPLE, DERABAIL, KONCHADY, DAKSHINA KANNADA - 575 008. OWER OF CAR BEARING REG NO. KA-16-M-6446. 2. BRANCH MANAGER FUTURE GENERAL INDIA INSURANCE CO LTD, 3RD AND 4TH FLOOR, NO. 31, SHRAVANEE KRISHNA MANSION, 100 FEET ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU 560001. INSURER OF CAR BEARING REG NO. KA16-M-6446 . POLICY NO. 2016-V4486462-FPV VALID FROM 07.06.2016 TO 06.06.2017. 3. SRI. CHANNESHRAJU P S S/O. HANUMANTHAPPA P S, AGED ABOUT 48 YEARS R/AT NO. 268/12, SRIKRISHNA, OPP: DURGAPARAMESHWARI NAGAKANNIKA TEMPLE, DERABAIL, KONCHADY, DAKSHINA KANNADA - 575 008. DRIVER OF CAR BEARING REG NO. KA.16-M.6446 4. SRI. PRASHANTH SHETTY S/O. RAMANNA SHETTY, AGED ABOUT 42 YEARS R/AT NO. 3/6, 11TH CROSS, MAGADI ROAD, BENGALURU 560 023. OWNER OF MARUTHI SX4 CAR, BEARING NO. KA.02-MF-3875. 3 5. BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICER, XV IML BUILDING, IIND FLOOR, NR SQUARE, BENGALURU – 560 002, INSURER OF MARUTHI SX4 CAR, BEARING NO. KA02-MF-3875, POLICY NO. 073000117P100662062. VALID FROM 14.04.2017 TO 13.04.2018. …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R-2, K NAGARAJAIAH, ADVOCATE FOR R-5) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED31.01.2019 PASSED IN MVC NO.6278/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM AND MEMBER MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 4 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.80,000/- (Rupees Eighty 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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 5 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 srk