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2025 DAILYLAW 77540 (KAR)

SMT. SHRUTHI v. SRI. JAGADEESH S KARKERA

MFA/1020/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI MALLAIAH M.R., MEMBER M.F.A.NO. 1020/2024 (MV) (LOK ADALAT NO.4704/2025) BETWEEN: SMT. SHRUTHI AGED ABOUT 33 YEARS W/O SRI JAGDEESH S KARKERA R/AT SATHYADEVI KRUPA TELLAR ROAD KARKALA TALUK. … APPELLANT (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. SRI. JAGADEESH S KARKERA AGED ABOUT 43 YEARS, S/O SRI SANTHU SAPALIGA, R. A/T SHRI NIDHI NIVASA, CHURCH ROAD, MADUPERARA POST AND VILLAGE, MANGALORE TALUK 2. THE BRANCH MANAGER THE NATIONAL INSURANCE CO LTD., MOODABDIRI BRANCH, NITHYANANDA COMPLEX, NEAR BUS STAND, 2 MOODABIDRI, MANGALORE TALUK. RESPONDENTS (BY SRI. SHIVARAJ PATIL, ADVOCATE) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.11.2023 PASSED IN MVC NO.659/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. … ……………………………………………………………... THIS APPEAL COMING ON FOR CONCILIATION BEFORE HIGH COURT 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. 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.40,000/- (Rupees Forty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3 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 / claimant, on proper identification. 5. This Miscellaneous First Appeal stands disposed of 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 DHA