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2025 DAILYLAW 76902 (KAR)

SRI. B. J. MUTHAPPA v. SRI. GANAPATHY. P. U.

MFA/616/2024 · 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.616 OF 2024 (MV-I) (LOK-ADALAT NO.5820 OF 2025) BETWEEN: SRI B.J. MUTHAPPA S/O LATE JOYAPPA, AGED ABOUT 28 YEARS, RESIDING AT NARIYANDA VILLAGE, CHEYANDANE POST, MADIKERI TALUK, KODAGU DISTRICT - 571 212. ...APPELLANT (BY SRI SACHIN B.S., ADVOCATE) AND: 1. SRI GANAPATHY P.U. S/O LATE UTHAPPA, RESIDING AT ARMAERI VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT - 571 212. 2. THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LTD., 1ST FLOOR, BADSHA BUILDING, NEAR CLOCK TOWER, VIRAJPET TOWN AND TALUK, KODAGU DISTRICT - 571 212. …RESPONDENTS (BY SRI JAGADISH M.U., ADVOCATE, FOR R-1, & SMT. GEETHA RAJ, ADVOCATE, FOR R-2) * * * 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 24.03.2023 PASSED IN M.V.C. NO.100 OF 2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, SITTING AT VIRAJPET, 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.1,50,000/- (Rupees one lakh and 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall 3 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