Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42193-DB WP No. 6424 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 6424 OF 2023 (GM-RES)
BETWEEN:
1.
SRI HARIKRISHNA C S S/O C. VENKATARAMANAPPA, AGED ABOUT 31 YEARS, PRESENTLY R/AT #13-16, SREERANGARAJULA PALLI VILLAGE AND POST, PARIGI MANDAL, PENUKONDA TALUK, ANANTAPUR DISTRICT, ANDHRA PRADESH STATE-515 212.
ERSTWHILE R/AT C/O RAMESH P, NO.40, 5TH MAIN, 2ND FLOOR, BHUVANESHWARINAGAR, MAGADI ROAD, NEAR PRASANNA THEATRE, BANGALORE-560 023. …PETITIONER (BY SRI ANJANEYA A B, ADVOCATE)
AND:
1.
ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42193-DB WP No. 6424 of 2023
BY ITS MANAGER, NO.89, SVR COMPLEX, 2ND FLOOR, NEAR AYYAPPA TEMPLE, HOSUR MAIN ROAD, MADIWALA, BANGALORE - 560 068, (REGISTERED UNDER THE COMPANIES ACT, 1956).
2.
M/S RINKU COMMERCIAL CARRIER PVT LTD., BY ITS MANAGER, NO.58/12A, NIT FARIDABAD HARYANA, PIN: 121001, (RC OWNER OF LORRY BEARING REG.NO.HR-38-P-5918), (REGISTERED UNDER THE COMPANIES ACT 1956). …RESPONDENTS
(BY SRI PRADEEP B, ADVOCATE FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE IMPUGNED CONCILIATION ORDER AND LOK-ADALATH AWARD DATED 14/07/2020 PASSED IN MFA NO.6572/2019 (MV) VIDE ANNEXURES-O AND P UNDER THE AFORESAID GROUNDS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:42193-DB WP No. 6424 of 2023
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the
order dated 14.07.2020 passed by the Lok Adalat in MFA No.6572/2019 (MV) (Lok Adalat No.565/2020).
2. It appears that two advocates had filed two MFAs against the same judgment and award dated 28.02.2017 passed in MVC No.2038/2014 on the file of the XXI Additional Small Causes Judge and XX ACMM and Member, MACT, Bengaluru. MFA No.5515/2017 was filed by Mr. Anjaneya A.B. whereas, MFA No.6572/2019 was filed by Mr. Vijay Kumar .T.
3. In MFA No.5515/2017, the learned Single Judge, vide
judgment and order dated 13.03.2020, allowed the appeal and set aside the judgment and award dated 28.02.2017 and remanded the matter back to the Tribunal for decision in accordance with law, expeditiously. However, MFA No.6572/2019 was referred to the Lok Adalat and the Lok
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HC-KAR NC: 2025:KHC:42193-DB WP No. 6424 of 2023
Adalat, vide order dated 14.07.2020, observed that the appellant had agreed to receive and respondent No.1-Insurance Company had agreed to pay a lump sum amount of Rs.60,000/- in addition to what has been awarded by the Tribunal in full and final settlement of the claim.
4. The order passed by the Lok Adalat cannot be sustained as it is in conflict with the verdict given by the learned Single Judge in the judgment dated 13.03.2020 passed in MFA No.5515/2017. Therefore, we set aside the order 14.07.2020 passed by the Lok Adalat. The parties are directed to pursue their case before the Tribunal as directed by the learned Single Judge in the judgment and order dated 13.03.2020 passed in MFA No.5515/2017.
5. We must observe that it is a serious matter as, in respect of the same award, two appeals came to be filed on behalf of the claimant and therefore, the Karnataka State Bar Council must look into the matter and take appropriate action against the responsible advocate. The matter is referred to the Karnataka State Bar Council for appropriate action.
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HC-KAR NC: 2025:KHC:42193-DB WP No. 6424 of 2023
With the above observations, the writ petition stands
disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (RAJESH RAI K) JUDGE
BKV List No.: 1 Sl No.: 35