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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 13TH DAY OF SEPTEMBER, 2025
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE VENKATESH NAIK T.
AND
SRI POOJAPPA J., MEMBER
MISCELLANEOUS FIRST APPEAL NO.3178 OF 2019 (MV-I) (LOK-ADALAT NO.5179 OF 2025) BETWEEN:
MR. TILAK SALIYAN
S/O JANARDHAN,
AGED ABOUT 39 YEARS,
RESIDING AT BHAVYANIVAS,
ULLALA POST AND VILLAGE,
MANGALURU TALUK. ...APPELLANT (BY SRI ASHOK KUMAR SHETTY K., ADVOCATE)
AND:
1.
SRI YASHAVANTHNAYAK S/O GOVINDANAYAK, MAJOR, BUSINESSMAN, RESIDING AT BHAGEERATHI NILAYA, SANKABETTU, UDUPI TALUK.
2.
THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, VISHNU PRAKASH, II AND III FLOOR, COURT ROAD, UDUPI - 576 101. …RESPONDENTS (BY SRI K. SRIDHARA, ADVOCATE, FOR R-2, & NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED 31.8.2024)
* * *
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 18.01.2019 PASSED IN M.V.C. NO.573 OF 2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, M.A.C.T-IV, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
Learned counsel appearing for the appellant-claimant and 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 counsel appearing for the appellant- claimant and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.4,00,000/- (Rupees four 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall
3 carry interest at the rate of 9% per annum 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 off 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
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