Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72651 (KAR)

SRI BIBISAN RAI v. M/S BALAJI ALLIANZ GENERAL INSURANCE CO LTD

MFA/1413/2024 · 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 VIJAYKUMAR A. PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.1413/2024 (MV) (Lok Adalat No.2950/2025) BETWEEN 1 . SRI. BIBISAN RAI, S/O. RAM BAHADUR RAI, AGED ABOUT 28 YEARS, R/AT NO. GORUBATHAN, LOWER RAI GAON, GORUBATHAN KHASMAHAL, FAGU, DARJEELING, WEST BENGAL - 735 231. ...APPELLANT (BY SRI. GURUDEV PRASAD K.T. ADVOCATE) AND 1 . M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.1/2, 4TH FLOOR, NEAR SUJATHA THEATER, 59th CROSS, 4th BLOCK, 2 RAJAJINAGAR, BENGALURU - 560 010. 2 . SRI. JAYA PRAKASH, NO.207, SRINIVASA, 4TH CROSS, G.R.HOMES, RAYASANDRA, OPP. KSRP QUARTERS, HUSKAR, BENGALURU - 560 099. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.05.2023 PASSED IN MVC NO.2130/2022 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MACT, BENGALURU SCCH-19 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 3 appellant-claimant has agreed to receive and the respondent-Insurance 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 ABK