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2025 DAILYLAW 69085 (KAR)

SRI. HARISH v. SRI. ANNAPPA. A. H.

MFA/2857/2023 · 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 VIJAYKUMAR A. PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.2857/2023 (MV) (Lok Adalat No.8319/2025) BETWEEN 1 . SRI. HARISH, S/O. THANGACHAN, AGED ABOUT 29 YEARS, MECHANIC, R/O. NEAR COFFEE BOARD FARM, ARISINAGUPPE VILLAGE, MALLENAHALLI POST, CHIKKAMAGALURU - 577 131. ...APPELLANT (BY SRI. A.S. GIRISH, ADVOCATE) AND 1 . SRI. ANNAPPA A.H., S/O. HUNCHAPPA, AGED ABOUT 26 YEARS, R/O. ANNAPURNA B VILLAGE, 2 AMBLIGULI POST, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 214, (DRIVER OF ASHOK LEYLAND LIGHT WEIGHT GOODS VECHICLE BEARING NO. KA-15-A-3710). 2 . DHANAMMA, W/O. HUCHAPPA B., AGED ABOUT 47 YEARS, R/AT ANNAPURA B VILLAGE, AMBIGULI POST, SHIKARIPURA TALUK, SHIMOGA DISTRICT - 577 214, (R.C. OWNER OF ASHOK LEYLAND LIGHT WEIGHT GOODS VEHICLE BEARING NO. KA-15-A-3710). 3 . THE SENIOR MANAGER (CLAIMS), M/S. TATA AIG GEN. INS. CO. LTD., 1ST FLOOR, SONY CENTER, NO. 374, NEW KALIDAS ROAD, VIJAYANAGARA, 1ST STAGE, MYSORE - 570 017. 4 . PREETHAM, S/O. RAJU, AGED ABOUT 31 YEARS, R/AT BINDIGA-MALLENAHALLI V AND P, CHIKKAMAGALURU TALUK, AND DISTRICT - 577 131, (R.C. OWERN OF BAJAJ M/C. NO. KA-18-EF-0983). 5 . M/S. UNITED INDIA INSURANCE COMPANY LIMITED, TIGER HILLS, P.B. NO.19, 3 MUNICIPAL OFFICE ROAD, KASARAGODU, KERALA - 671 121. …RESPONDENTS (BY SRI. JANARDHANA REDDY, ADVOCATE FOR R3 V/O/DTD:23.05.2023 NOTICE TO R1, R2, R4 & R5 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2023 PASSED IN MVC NO.332/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU, 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. 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 4 Company has agreed to pay a lump-sum of Rs.2,00,000/- (Rupees Two 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 entire enhanced compensation amount shall be released in favour of the appellant/claimant, on proper identification. 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 ABK