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2025 DAILYLAW 69664 (KAR)

SRI. SHIVAKUMAR v. VIJU TRADERS

MFA/406/2024 · 2025-07-12

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 12TH DAY OF JULY, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI.PAVANA CHANDRA SHETTY H., MEMBER MFA. No.406/2024 (Lok Adalat No.5341/2025) BETWEEN: SRI. SHIVAKUMAR S/O LATE NINGEGOWDA AGED ABOUT 32 YEARS R/AT MAHADESHWARAPURA VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK MANDYA DISTICT-571434 ...APPELLANT (BY SRI. KENCHEGOWDA B M., ADVOCATE) AND: 1 . VIJU TRADERS NO.6/77, PETTA FEROKE, KOZIKHODE, CALICUT DISTRICT KERALA STATE-673003 REP BY ITS PARTNER V HASSAN HIZAM AGED ABOUT 25 YEARS 2 2 . THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE,MUSLIM COMPLEX, 1ST FLOOR, 1ST MAIN, OPPOSITE FIRE BRIGADE, SARASWATHIPURAM, MYSORE-570009 BY ITS DIVISIONAL MANAGER …RESPONDENTS (BY SMT. SUJATHA PANDITH.S., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.03.09.2022 PASSED IN MVC NO.630/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA IS 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 3 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.56,000/- (Rupees Fifty Six Thousand only) in addition to what has been awarded by the Claims 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. 4 This Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER SA