Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 70769 (KAR)

THE BRANCH MANAGER v. SRI. LOKESHA

MFA/3557/2025 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 3557/2025 (MV) (Lok Adalat No. 6616/2025) BETWEEN 1 . THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. DOOR BUILDING, NO.271, ASHRAYA LAXMIVILAS ROAD, DEVARAJ MOHALLA, MYSORE-570001. REP. BY ITS MANAGER LEGAL. UNIT NO.04, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUBRUB, RAJAJINAGARA, BANGALORE-560 010. …APPELLANT (BY SRI D VIJAYA KUMAR, ADVOCATE) AND 1 . SRI. LOKESHA S/O. NINGAPPA N. 2 AGED ABOUT 59 YEARS, R/AT. KEBBEPURA VILLAGE, NITRE POST (HARAVE), CHAMARAJANAGARA TALUK AND DISTRICT-571128. 2 . SRI. SARATHCHANDRAN. P S/O. CHANDRAN, MAJOR, PUTHENPURACKAL HOUSE, MANALVAYAL POST, CHATHAMANGALAMKUNNU, IRULAM, WAYAND-KERALA-673579. (OWNER OF ROYAL ENFIELD MOTOR CYCLE BEARING NO.KL-73-D-2339) …RESPONDENTS (BY SRI. SREENIVASAN M Y, ADVOCATE) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2024 PASSED IN MVC NO.2/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, MACT, CHAMARAJANAGAR, AWARDING COMPENSATION OF RS.6,92,198/- WITH INTEREST AT 6 PERCENT FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. The learned Counsel appearing for the Respondents – claimants is present. 3 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondent - claimant has agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six Lakh Only), instead of what has been awarded by the claim Tribunal, in full and final settlement of the claim. Further, the respondent-Insurance Company has the right to recover the enhanced amount as stated herein, including MACT award as per the judgment passed by the Tribunal. 3. The Appellant - 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. The amount in deposit if any, shall be transferred to the Claims Tribunal and the amount in excess if any, shall be refunded to the Insurance Company. The parties are not entitled for any cost. 4 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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