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2025 DAILYLAW 73183 (KAR)

K. S. SHASHANK v. KANTHARAJU. V. S.

MFA/4919/2025 · 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 VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.4919 OF 2025 (MV-D) (LOK-ADALAT NO.7064 OF 2025) BETWEEN: 1. K. S. SHASHANK S/O. LATE SRIDHARA R. AGED ABOUT 25 YEARS. 2. K. S. JASWANTH S/O. LATE SRIDHARA R. AGED ABOUT 23 YEARS. BOTH ARE RESIDING AT FACTORY ROAD, KYATHANAHALLI VILLAGE KASABA HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT - 571 427. ...APPELLANTS (BY SRI SREENIVASAN M. Y., ADVOCATE) AND: 1. KANTHARAJU V. S. S/O. SWAMYGOWDA AGED ABOUT 24 YEARS RESIDING AT VADDARAHALLI VILLAGE K. BETTAHALLI POST, KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT 571 435. 2 2. THE DIVISIONAL MANAGER H.D.F.C ERGO GENERAL INSURANCE COMPANY LIMITED 2ND FLOOR, ROOM NO.3 BHIMA AND BROTHERS BUILDING OPPOSITE KSRTC BUS STAND NEELAGIRI ROAD MYSORE 570 001. …RESPONDENTS (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE, FOR R-2) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 26-10-2024 PASSED IN M.V.C. NO.383 OF 2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, M.A.C.T., SRIRANGAPATNA, 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 appellants-claimants 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 appellants- claimants and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellants- claimants has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.6,50,000/- (Rupees six 3 lakh and fifty thousand 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 carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the judgment and award passed by the Tribunal. 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 kvk