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2025 DAILYLAW 76716 (KAR)

VENKATARAMANA KAMATH M v. PAUL P. M.

MFA/7893/2019 · 2025-12-13

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 DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE ANU SIVARAMAN & SRI. H SHANTHI BHUSHAN, MEMBER M.F.A.No.7893/2019 (MV) (Lok Adalat No.8389/2025) BETWEEN: VENKATARAMANA KAMATH M S/O LATE HARISHCHANDRA KAMATH, AGED ABOUT 50 YEARS, R/AT HARISHCHANDRA KRUPA, SHANKARANARAYANA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. ...APPELLANT (BY SRI. GURURAJA SHETTY K., ADVOCATE) AND 1 . PAUL P. M. S/O JOSEPH MAMEN, AGED ABOUT 74 YEARS, 2 R/O PLEASANT VALHI FARM, KALLUGADDE, SHANKARANARAYANA VILLAGE, KUNDAPURA TALUK 2 . THE LIBERTY VIDEO CON GENERAL INSURANCE COMPANY LTD., 10TH FLOOR, A PENINSULA BUSINESS, PARK LOWER PAREL, MUMBAI-400013 REP. BY ITS DIVISIONAL MANAGER RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.05.2019 PASSED IN MVC NO. 1137/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, 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 through video conferencing/physical hearing. The learned Counsel appearing 3 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 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.1,00,000/- (Rupees One Lakh only), in addition, 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 appellant/s/claimant/s, on proper identification. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint 4 memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER PN