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2025 DAILYLAW 77941 (KAR)

SRI THEERTHA KUMAR v. JAGADEESHA M C

MFA/1582/2024 · 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 SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO.1582/2024(MV) (Lok Adalat No. 2035/2025) BETWEEN SRI THEERTHA KUMAR S/O RANGAPPA M AGED ABOUT 33 YEARS AND AGRICULTURIST, COOLIE R/AT KUNDURU GOLLARAHATTY KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT - 577527 ...APPELLANT (BY SRI GIREESHA S.N., ADVOCATE) AND 1 . JAGADEESHA M.C. S/O. CHANDRAPPA AGED ABOUT 31 YEARS R/AT MUGULAVALLY VILLAGE, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT 2 . THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD. DIVISIONAL OFFICE, 1ST FLOOR, P.B. ROAD, NEAR ARUNA TALKIES DAVANGERE – 577 001 …RESPONDENTS (BY SRI RAJENDRA HEGDE, ADVOCATE FOR R2) - 2 - THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2024 PASSED IN MVC NO.749/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER Learned counsel appearing for the appellant- claimant is present. 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.35,000/- (Rupees Thirty-five Thousand), 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 Award accordingly. Sd/- JUDGE Sd/- MEMBER CT: SG KMV