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2025 DAILYLAW 69027 (KAR)

SRI PURUSHOTHAMA B R v. SRI VIJAY KUMAR

MFA/1955/2025 · 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 SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO.1955/2025 (MV) (Lok Adalat No. 2044/2025) BETWEEN SRI. PURUSHOTHAMA B.R. S/O. ROHI DAS, AGED ABOUT 53 YEARS, R/AT NEHRU EXTENSION, MALUR TOWN KOLAR DISTRICT. ...APPELLANT (BY SRI KAILASH SHANKAR P.S., ADVOCATE) AND 1 . SRI. VIJAY KUMAR S/O. JAGE RAM MAJOR, R/OF KHUDDI VILLAGE, MODAWASI POST, CHURU DISTRICT, RAJASTHAN STATE - 331 023 2 . THE MANAGER ORIENTAL INSURANCE CO. LTD. REGIONAL OFFICE NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE - 25 …RESPONDENTS (BY SRI JANARDHAN REDDY, ADVOCATE FOR R2) - 2 - THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2025 PASSED IN MVC NO.5859/2023 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH.13), 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 Learned counsel appearing for the appellant- claimant is present. 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 has agreed to pay a lump-sum of Rs.5,00,000/- (Rupees Five Lakhs), 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 - 3 - 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. Out of the enhanced compensation amount, a sum of Rs.4,00,000/- shall be released in favour of the claimant on proper identification and the remaining amount shall be kept in FD in any nationalized bank for a period of three years. The appellant is at liberty to draw the periodical interest accrued on the FD amount. 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 Award accordingly. Sd/- JUDGE Sd/- MEMBER CT: SG KMV