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2025 DAILYLAW 71678 (KAR)

UMESH v. DEVARAJU D

MFA/5812/2021 · 2025-09-13

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 SEPTEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE M.G.S.KAMAL & SRI. K.RAJASHEKAR, MEMBER M.F.A.No. 5812/2021 (Lok Adalat No.6905/2025) C/W MFA No.1313/2021 (MV) (Lok Adalat No.2712/2021) IN MFA NO.5812/2021 BETWEEN: UMESH S/O THIMMEGOWDA AGED ABOUT 37 YEARS R/O M K LAKSHMIPURA VILLAGE HIRISEVE HOBLI CHANNARAYAPATNA TQ HASSAN DISTRICT-573201. ...APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) - - 2 AND: 1. DEVARAJU D., S/O VARADEGOWDA AGED ABOUT 29 YEARS R/O JAMBURU VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 201. 2. THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LIMITED TIPTUR C.I.F SAPTHAGIRI JEWELERS DODDA PETE TIPTURE TOWN & TALUK TUMKUR DISTRICT - 572 101. …….RESPONDENTS (BY SRI. B.PRADEEP., ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.12.2019 PASSED IN MVC NO.1508/2018 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1313/2021 BETWEEN: APPORVA W/O UMESH AGED ABOUT 27 YEARS R/O M K LAKSHMIPURA VILLAGE HIRISEVE HOBLI - - 3 CHANNARAYAPATNA TQ, HASSAN DISTRICT-573201. ...APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. DEVARAJU D., S/O VARADEGOWDA AGED ABOUT 29 YEARS R/O JAMBURU VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 201. 2. THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LIMITED TIPTUR C.I.F SAPTHAGIRI JEWELERS DODDA PETE TIPTURE TOWN & TALUK TUMKUR DISTRICT - 572 101. …..RESPONDENTS (BY SRI. B.PRADEEP., ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.12.2019 PASSED IN MVC NO. 1509/2018 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: - - 4 CONCILIATION ORDER The learned counsel for the appellants/claimants and the representative of Respondent-Insurance Company along with its counsel are present in both the matters. 2. After prolonged negotiations, the matters are settled. The appellants/claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of `1,20,000/- (Rupees One Lakh Twenty Thousand only) in MFA No.5812/2021 and Rs.1,40,000/- (Rupees One Lakh Forty Thousand only) in MFA No.1313/2021, in addition to what has been awarded by the Tribunal, in full and final settlement of the claims. Separate joint Memos are filed on behalf of the parties to this effect. Same are accepted. 3. The entire amount shall be released in favour of the appellants/claimants. - - 5 4. 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. 5. The Miscellaneous First Appeals stand disposed of in terms of the Joint Memos. The awards of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER RU