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2025 DAILYLAW 77320 (KAR)

SRI YOGESH L v. SRI RAVI KIRAN K

MFA/6897/2024 · 2025-07-12

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.6897/2024 (MV) (Lok Adalat No.500/2025) C/w M.F.A.No.1616/2024 (MV) (Lok Adalat No.501/2025) IN M.F.A. NO. 6897/2024: BETWEEN 1 . SRI. YOGESH L., S/O. LAKSMAN, AGED ABOUT 24 YEARS, R/AT NO.26, 1ST MAIN ROAD, 2ND BLOCK, NANDINI LAYOUT, BENGALURU - 560096. …APPELLANT (BY SRI. M.V. MAHESWARAPPA, ADVOCATE) AND 1 . SRI. RAVI KIRAN K., S/O. KRISHNAPPA R., MAJOR, 2 R/AT NO. 20, 1ST MAIN ROAD, 1ST BLOCK, NANDINI LAYOUT, BENGALURU - 560 096. 2 . THE MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI, BANNERGHATTA MAIN ROAD, IIMB POST, BENGALURU - 560 076. … RESPONDENTS (BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DATED 02.08.2023 PASSED IN E.C.A NO.50/2021 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO. 1616/2024: BETWEEN 1 . THE MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE, BELEKAHALLI, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE - 76. … APPELLANT (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE) 3 AND 1 . SRI. YOGESH L., S/O. LAKSMAN, AGED ABOUT 24 YEARS, R/AT NO. 26, 1ST MAIN ROAD, 2ND BLOCK, NANDINI LAYOUT, BENGALURU - 560 096. 2 . RAVIKIRAN K., S/O. KRISHNAPPA R., MAJOR, R/AT NO.20, 1ST MAIN ROAD, 1ST BLOCK, NANDINI LAYOUT, BENGALURU - 560096. … RESPONDENTS (BY SRI. M.V. MAHESWARAPPA, ADVOCATE FOR R1) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DATED 02.08.2023 PASSED IN E.C.A NO.50/2021 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), AWARDING COMPENSATION OF RS. 11,47,160/- WITH INTEREST @ 12% P.A. AFTER ONE MONTH FROM THE DATE OF ACCIDENT TO TILL THE DATE OF DEPOSIT. THESE APPEALS 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. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 4 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. 18,19,000/- (Rupees Eighteen Lakhs Nineteen Thousand only) instead of Rs.11,47,160/- with interest at 12% p.a. awarded by the Claims Tribunal, in full and final settlement of the claim. 3. The Respondent - Insurance Company has agreed to deposit the said balance 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 5 5. Accordingly, M.F.A. No.6897/2024 filed by the appellant – claimant stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.6897/2024 filed by the appellant – claimant, the connected M.F.A. No.1616/2024 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER ABK