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2025 DAILYLAW 79485 (KAR)

KUM.HARSHITHANAND v. SRI AMITHANAND R

MFA/1297/2025 · 2025-09-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 B M SHYAM PRASAD & SRI. A. CHANDRACHUD, MEMBER MFA. No.1297 OF 2025 (Lok Adalat No.6039 OF 2025 ) BETWEEN: KUM. HARSHITHANAND D/O H R RAMANAND, AGED ABOUT 21 YEARS, R/AT NO.52, VATSALYA RESIDENCY, 9TH CROSS, 2ND MAIN, BYRAPPA GARDEN, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU-560085 ..APPELLANT (BY SRI. TEJAS N., ADVOCATE) AND: 1 . SRI AMITHANAND R S/O RAMANAND, AGED ABOUT MAJOR, 2 R/AT NO.52, VATSALYA RESIDENCY, 9TH CROSS, 2ND MAIN, BYRAPPA GARDEN, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU-560085 2 . THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO LTD., OFFICE AT NO.1/2, 4TH FLOOR GOLDEN HEIGHTS, 4TH M BLOCK, 59TH C CROSS, RAJAJINAGAR, 4TH BLOCK, BENGALURU-560010. …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.12.2024 PASSED IN MVC NO. 1650/2023 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCIALIATION ORDER IS PASSED: 3 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.2,00,000/- (Rupees Two Lakhs only) in addition to what has been awarded by the Claims Tribunal in full and final settlement of the claim. 3. The respondent - Insurance Company has agreed to deposit the said amount before the Tribunal 4 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. This Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER NV