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2025 DAILYLAW 73241 (KAR)

THE DIVISIONAL MANAGER v. MASTER VIJAY SAMRAT. H. G.

MFA/5539/2025 · 2025-08-14

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2025 CONCILIATORS PRESENT: THE HON’BLE SRI. K.V.ARAVIND, JUSTICE & SRI. PAVANA CHANDRA SHETTY.H, MEMBER M.F.A.No.5539/2025 (MV) (Lok Adalat No.5657/2025) BETWEEN: THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD, 1ST FLOOR, RAMASWAMY CIRCLE, MYSORE. THROUGH ITS REGIONAL OFFICE, NO. 144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE- 560001, REP BY ITS DEPUTY MANAGER. ...APPELLANT (BY SRI. JANARDHANA REDDY, ADVOCATE) AND 1 . MASTER VIJAY SAMRAT. H.G. S/O GANESHA .R, AGED ABOUT 5 YEARS, R/AT NO.416, HARADANAHALLI VILLAGE, NANJANGUD TALUK, MYSORE DISTRICT, 2 NOW R/AT C/O MANJUNATH BASAVESHWARA ROAD, MYSORE CITY. THE RESPONDENT NO.1 IS A MINOR IN AGE, REPRESENTED BY HIS FATHER BY NAME GANESH .R, AS A NATURAL GUARDIAN. 2 . KRISHNEGOWDA S/O LATE RAMEGOWDA, R/AT KANCHAMAHALLI VILLAGE, HOMMARAGAHALLI, HAMPAPURA HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT, (OWNER OF CAR NO KA-12-N-79767) RESPONDENTS (BY SRI.SRINIVASAN.M.Y.ADVOCATE FOR R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD 21.02.2025 PASSED IN MVC NO. 1144/2023 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL, MYSURU, AWARDING COMPENSATION OF RS.8,32,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. The learned Counsel appearing for the Respondents – claimants is present through video conferencing/physical hearing. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondents - claimants have agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.5,02,000/-(Rupees Five Lakh Two Thousand only) with interest at 6% p.a. instead of Rs.8,32,000/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. 3. The Appellant - 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 4 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 SRK