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2025 DAILYLAW 79710 (KAR)

UMESH T S v. SUNDAR PREM KUMAR

MFA/1844/2023 · 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 C M JOSHI & MR.NAGARAJA REDDY D., MEMBER M.F.A.No.1844/2023 (MV-I) (Lok Adalat No.2774/2025) BETWEEN: 1. UMESH T.S., AGED ABOUT 40 YEARS, S/O. SIDDAIAH, RESIDING AT NO.216, 3RD CROSS, MOULIM NAGAR, YERAGANAHALLI, MYSURU 570 029. …APPELLANT (BY SRI./SMT : SHIVARAMU H.C., ADVOCATE) AND: 1. SUNDAR PREM KUMAR, AGED ABOUT 59 YEARS, S/O. BALASUNDARAM, PRESENTLY RESIDING AT NO.492/C, 12TH CROSS, SHIVAJI ROAD, NORTH EAST OF N.R. MOHALLA, MYSURU 570 007. 2 PERMANENTLY RESIDING AT NO.3818, ST.MARY'S ROAD, KARUNAPURA, N.R.MOHALLA, MYSURU 570 027, (DRIVER-CUM-OWNER OF TYOTA INNOVA CAR KA-09-P-2333). 2 . UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS GENERAL MANAGER, NO.1134, DEVARU MANSION, PRINCE OF WALES ROAD, CHAMARAJAPURAM, MYSURU 570 005, ORIGINAL OFFICE AT 1ST FLOOR, RADHA GOVIND COMPLEX, KAIKINI ROAD, KARWAR 581 301, NORTH KANARA. (INSURER OF TYOTA INNOVA CAR KA-09-P-2333). …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2021 PASSED IN MVC NO. 749/20108 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION 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.8,30,000/- (Rupees Eight Lakh Thirty Thousand), 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 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 4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 TIN/-