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2025 DAILYLAW 74283 (KAR)

MASTER PAVAN MALLESH v. C H ABDUL KHADAR

MFA/470/2025 · 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.470 OF 2025 (MV-I) (LOK-ADALAT NO.8097 OF 2025) BETWEEN: MASTER PAVAN MALLESH SON OF K.M. SOMASHEKAR AGED ABOUT 4 YEARS SINCE MINOR, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN K.M. SOMASHEKAR SON OF LATE MALLAPPA AGED ABOUT 44 YEARS RESIDING AT BANDAPURA VILLAGE VEERGONAGARA BENGALURU EAST TALUK. NOW RESIDING AT VEMGAL VILLAGE KOLAR TALUK. ...APPELLANT (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. C.H. ABDUL KHADAR SON OF MOIDIN KUNHI RESIDING AT COOLIESHED KALLU GUNDI SAMPAJE, SULLIA TALUK DAKSHINA KANNADA DISTRICT. 2 2 . HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 23RD 'A' CROSS ROAD GARDEN LAYOUT, SECTOR-2 HSR LAYOUT, BENGALURU - 560 002 REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.09.2024 PASSED IN MVC NO.99 OF 2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., & MEMBER, M.A.C.T., KOLAR, 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.50,000/- (Rupees fifty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3 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