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High Court of Karnataka · body

2025 DAILYLAW 74082 (KAR)

SRI DEVANESAN v. NEW INDIA ASSURANCE CO LTD.,

MFA/3826/2021 · 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 MS. JUSTICE J.M.KHAZI & SMT.SOHANI HOLLA, MEMBER M.F.A.No.3826/2021 (MV) (Lok Adalat No.6122/2025) BETWEEN SRI DEVANESAN S/O LATE SOWNDHARRAJAN, AGED ABOUT 29 YEARS, RESIDING AT NO 203, B BLOCK, REVATHI ASWATHI CHITHARA, RAMAKRISHNAPURA, ATTIBELI HOBLI, ANEKAL TALUK, BANGALORE PERMANENT ADDRESS NO 30/A/74(3) ZION NAGAR, WARD NO 16, RANIPET, VELLORE, TAMIL NADU-632401 ...APPELLANT (BY SRI.THIPPESWAMY B C, ADVOCATE) 2 AND 1 . NEW INDIA ASSURANCE CO LTD., DIVISIONAL OFFICE III (670300), T P HUB, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M G ROAD, BANGALORE-560001 2 . M/S PARVEEN TRAVELS PVT LTD NO 624, ALBERT VICTOR ROAD, KALASIPALYAM, BANGALORE-560002 …RESPONDENTS (BY SMT.PADMA.S.UTTUR, ADVOCATE FOR R1; NOTICE TO R2 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.02.2021 PASSED IN MVC NO.7097/2018 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND THE MACT, ACMM, (SCCH-26), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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. 3 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 appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.8,50,000/- (Rupees Eight Lakh 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 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. Out of the enhanced compensation amount, 50% shall be released in favour of the appellant / claimant, on proper identification, and the remaining 50% amount shall be kept in fixed deposit with any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest periodically. 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 ASN CT-SN