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2025 DAILYLAW 76907 (KAR)

SRI GOVINDAPPA v. SRI CHIDANANDA

MFA/5090/2024 · 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.5090 OF 2024 (MV-D) (LOK-ADALAT NO.8090 OF 2025) BETWEEN: 1. SRI GOVINDAPPA S/O LATE KAMBADA RANGANNA AGED ABOUT 54 YEARS. 2. SRI RANGANATHA G. SON OF GOVINDAPPA AGED ABOUT 34 YEARS BOTH ARE RESIDING AT HOSAYELANADU VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT - 577 598. NOW RESIDING AT CARE OF MANJUNATH 1ST MAIN, 5TH 'B' CROSS HANUMANTHAPURA TUMAKURU TOWN - 572 101. ...APPELLANTS (BY SRI RAMESH K. R., ADVOCATE) 2 AND: 1. SRI CHIDANANDA SON OF AJJAPPA AGE: MAJOR RESIDENT OF BENAKANAHALLI VILLAGE DHARMAPURA POST, HIRIYUR TALUK CHITRADURGA DISTRICT - 577 596. 2. THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, HDFC HOUSE 165/166, BACK BY RECLAMATION H.T.PAREKH MARG, CHURCH GATE MUMBAI - 400 020 REPRESENTED BY ITS BRANCH MANAGER. SERVICE ADDRESS: H.M.GENEVA HOUSE UNIT NO.14, 108, 109, 110 AND 111 1ST FLOOR, CUNNINGHAM ROAD BENGALURU - 560 052. …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 28.02.2024 PASSED IN MVC NO.519 OF 2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T-XI, TUMAKURU, 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: 3 CONCILIATION ORDER Learned counsel appearing for the appellants-claimants 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 appellants- claimants and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellants- claimants has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.5,75,000/- (Rupees five lakh and seventy-five 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 carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the judgment and award passed by the Tribunal. 4 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