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2025 DAILYLAW 69073 (KAR)

JAGAT v. KISHORE K

MFA/4935/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M.F.A.No.4935/2024 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 MRS. JUSTICE K.S.MUDAGAL & SMT.P.V.KALPANA, MEMBER MISCELLANEOUS FIRST APPEAL No.4935/2024 (MV-D) (Lok Adalat No.8075/2025) BETWEEN: 1. JAGAT S/O THAPA AGED ABOUT 48 YEARS 2. AMIT THAPA S/O JAGAT THAPA AGED ABOUT 24 YEARS 3. JANVI THAPA D/O JAGAT THAPA AGED ABOUT 18 YEARS 4. MUSKAN THAPA D/O JAGAT THAPA AGED ABOUT 16 YEARS 5. AAYOSH THAPA S/O JAGAT THAPA AGED ABOUT 14 YEARS SINCE A4 AND A5 ARE MINORS REP. BY FATHER AND NATURAL GUARDIAN I.E., A1 JAGAT S/O. THAPA ALL ARE R/AT NO.74 EKTA NAGAR, UJJAIN MADHYA PRADESH - 456 010 … APPELLANTS (BY SRI GURUDEVA PRASAD K T., ADVOCATE) M.F.A.No.4935/2024 2 AND: 1. KISHORE K S/O KUMAR NO.6/942, E.B.COLONY POST PARAMATHI ROAD, PERIYAPATTI NAMAKKAL, TAMILNADU - 637 001 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., BY ITS MANAGER MOTOR CLAIMS HUB, NO.121 THE ESTATE BUILDING, 9TH FLOOR DICKENSON ROAD BENGALURU - 560 001 … RESPONDENTS (BY SRI.B C SHIVANNE GOWDA, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16.09.2023 PASSED IN MVC NO.1006/2023 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned Counsel for the appellants-claimants and Counsel for the respondent–Insurance Company along with its representative are present. 2. After negotiation, the matter is settled. A joint memo signed by learned Counsel appearing for the M.F.A.No.4935/2024 3 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned Counsel appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five 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. On such deposit, Rs.35,000/- each shall be digitally released to claimant Nos.1 to 3 on furnishing required documents and Rs.35,000/- each shall be invested in fixed deposit in the name of claimant Nos.4 and 5 in any nationalized/scheduled bank till they attain majority. 4. The apportionment, release and investment of the enhanced compensation amount in Fixed Deposit shall be in terms of the judgment and award passed by the Tribunal. M.F.A.No.4935/2024 4 5. The appeal stands disposed of in terms of the joint Memo. The impugned judgment and award of the Tribunal shall stand modified accordingly. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER KSR