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2025 DAILYLAW 74048 (KAR)

BHEEMANIAK C v. MAHAMMAD NADEEM

MFA/8254/2024 · 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.8254 OF 2024 (MV-I) (LOK-ADALAT NO.6892 OF 2025) BETWEEN: BHEEMANAIK C. S/O CHIKKAPPANAIK, AGED ABOUT 71 YEARS, OCC: RETIRED RAILWAY EMPLOYEE AND AGRICULTURIST, RESIDENT OF DOOR NO.779/2, BESIDE OF SBM BANK, SARASWATHI NAGAR MAIN ROAD, DURGAMBIKA SCHOOL, DAVANAGERE - 577 001. ...APPELLANT (BY SRI G.J. SUNKAPUR, ADVOCATE) AND: 1. MOHAMMAD NADEEM S/O MAHAMMED HANEEF, AGED ABOUT 32 YEARS, RESIDENT OF 1ST MAIN, 3RD CROSS, HALEJALI NAGAR, DAVANGERE - 577 001. 2. RAMESH S/O ANJINAPPA, AGED ABOUT 42 YEARS, CHADURAGOLLA VILLAGE & POST, JAGALUR TALUK, DAVANAGERE DISTRICT - 577 001. 2 3. THE DIVISIONAL OFFICER NATIONAL INSURANCE CO. LTD., BRANCH OFFICE: MELGIRI PLAZA, DENTAL COLLEGE OPPOSITE, MCC B BLOCK, DAVANAGERE - 577 001. …RESPONDENTS (BY SRI ASHOK KUMAR V., ADVOCATE, FOR R-3) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.08.2018 PASSED IN M.V.C. NO.883 OF 2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND VII ADDITIONAL M.A.C.T., DAVANAGERE, 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 appellant-claimant 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 appellant- claimant and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.90,000/- (Rupees 3 ninety 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 entire enhanced compensation amount shall be released in favour of the appellant-claimant, on proper identification. 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