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2025 DAILYLAW 72437 (KAR)

SYED ALTHAMASH v. CHANDRAPPA K

MFA/2797/2024 · 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 B M SHYAM PRASAD & SRI.PAVANA CHANDRA SHETTY H., MEMBER MFA. No.2797/2024 (Lok Adalat No.5338/2025) BETWEEN: 1 . SYED ALTHAMASH S/O LATE SYED APSAR AND DECEASED SYEDA MEHARUNNISA AGED ABOUT 28 YEARS 2 . SYED TAJ K S/O LATE SYED APSAR AND DECEASED SYEDA MEHARUNNISA AGED ABOUT 25 YEARS 3 . SABRIN TAJ KHADRI D/O LATE SYED APSAR AND DECEASED SYEDA MEHARUNNISA AGED ABOUT 29 YEARS ALL ARE R/O KARURU VILLAGE DAVANAGERE TQ AND DISTRICT-577002 ...APPELLANTS (BY SRI. HANUMANTHAPPA A., ADVOCATE) 2 AND: 1 . CHANDRAPPA K S/O NAGENDRAPPA K AGED ABOUT 42 YEARS R/O CHANTANAHALLI VILLAGE HARAPANAHALLI TALUK-583131 VIJAYANAGARA DISTRICT. 2 . KUBERAPPA B S/O B BASAVARAJAPPA AGED ABOUT 36 YEARS R/O YARALAKATTE VI SOKKE POST JAGALUR TALUK-577528 DAVANAGERE DISTRICT. 3 . THE MANAGER THE ORIENTAL INSURANCE COMPANY LTD POLICY ISSUING OFFICE, BENGALURU REP THROUGH ITS THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD DIVISIONAL OFFICE, IST FLOOR A M ARCADE, C G HOSPTIAL ROAD DAVANAGERE-577002. …RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.27.10.2023 PASSED IN MVC NO.259/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANGERE, 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: 3 CONCILIATION ORDER The learned counsel appearing for the appellants – claimants 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 appellants - claimants (being authorized by the appellants - claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.6,50,000/- (Rupees Six Lakh Fifty Thousand only) in addition to what has been awarded by the Claims Tribunal in full and final settlement of the claim. 4 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 enhanced compensation amount shall be disbursed equally amongst the appellants on proper identification. 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