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2025 DAILYLAW 71807 (KAR)

palakshappa v. GIRISHA

MFA/5071/2021 · 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 MOHAMMAD NAWAZ & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No.5071/2021 (MV I) (Lok Adalat No.6907/2025) BETWEEN: PALAKSHAPPA PRAKASH S/O CHANNABASAPPA, AGED ABOUT 68 YEARS, AGRICULTURIST AT PRESENT NO WORK R/O HUVINAMADU VILLAGE, DAVANAGERE TALUK AND DISTRICT. ...APPELLANT (BY SRI./SMT : HIREMATHAD MAHESHIAH RUDRAYYA) AND: 1 . GIRISHA S/O CHANDRASHEKHARAPPA, AGED ABOUT 37 YEARS, DRIVER OF BIKE BEARING REG NO KA-17/EL-8413, R/O HUVINAMADU VILLAGE, DAVANAGERE TALUK AND DISTRICT 2 . HARISHA S/O PALAKSHAPPA, AGED ABOUT 32 YEARS, OWNER OF BIKE BEARING 2 REG NO. KA-17/EL-8413, R/O HUVINAMADU VILLAGE, DAVANAGERE TALUK AND DISTRICT 3 . THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE :MELGIRI PLAZA, OPPOSITE DENTAL COLLAGE, MCC B BLOCK, DAVANAGERE 577004. …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2019 PASSED IN MVC NO.212/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, 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 3 Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One 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 TL