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2025 DAILYLAW 73821 (KAR)

SHEKAR R SALIAN v. MR SUSHAN KUMAR

MFA/6970/2019 · 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 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 C. M. JOSHI & SRI. RAJASHEKAR. K, MEMBER M.F.A.No.6970/2019 (MV-D) (Lok Adalat No.5190/2025) BETWEEN: 1. SHEKAR R. SALIAN, AGED ABOUT 61 YEARS, S/O LATE RAMA BELCHADA. 2. SUMAN, AGED ABOUT 28 YEARS, D/O SHEKAR R.SALIAN, BOTH ARE R/O "BAGINA HOUSE", DOOR NO.3-23/1, KEMMANNU POST, BADANIDIYOORU VILLAGE, UDUPI TALUK AND DISTRICT. ...APPELLANTS (BY SRI. SADASHIVA D, ADVOCATE) 2 AND: 1. MR SUSHAN KUMAR, S/O SHEKAR R SALIAN, AGED ABOUT 31 YEARS, "BAGINA HOUSE", DOOR NO.3-23/1, KEMMANNU POST, BADANIDIYOORU VILLAGE, UDUPI TALUK AND DISTRICT. 2. THE ICICI LOMBARD GENERAL INS. CO. LTD., DIVISIONAL OFFICE, DIVISIONAL MANAGER, C-22, MAXIMAS COMPLEX, LIGHT HOUSE HILL ROAD, MANGALURU 575001. …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2019 PASSED IN MVC NO. 592/2017 ON THE PRL. SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants are 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 Ltd., 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.35,000/- (Rupees Thirty Five 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 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 appellants / claimants, on proper identification. 4 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 SHS