Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 80461 (KAR)

SRI YOGISHA K B v. SRI SURESHA G

MFA/3488/2024 · 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 VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.3488 OF 2024 (MV-I) (LOK-ADALAT NO.6003 OF 2025) BETWEEN: SRI YOGISHA K.B. S/O. BASALINGAPPA K.B., AGED ABOUT 36 YEARS, RESIDENT OF 2ND CROSS, NEAR GOVERNMENT SCHOOL, VINAYAKA NAGARA, B BLOCK, DAVANAGERE - 577 006. ...APPELLANT (BY SRI G.J. SUNKAPUR, ADVOCATE) AND: 1. SRI SURESHA G. S/O. CHANDRAPPA, AGED ABOUT 32 YEARS, RESIDENT OF JYOTHI COMPLEX, GOULIRA PETE, HARPANAHALLI TALUK, VIJAYANAGARA DISTRICT - 583 131. 2. AJIJ KHAN S/O. SULEMAN KHAN, AGED ABOUT 52 YEARS, RESIDENT OF NO.32/14, RAMA TEMPLE ROAD, TAVARAGERE, GUTTALA, MANDYA DISTRICT - 571 401. 2 3. THE MANAGER NATIONAL INSURANCE CO. LTD., DAVANAGERE, MELAGIRI PLAZA, MCC B BLOCK, DENTAL COLLEGE ROAD, DAVANAGERE - 577 004. …RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE, FOR R-3, & NOTICE TO R-1 & 2 IS DISPENSED WITH VIDE ORDER DATED 11.02.2025) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 17.02.2024 PASSED IN M.V.C. NO.113 OF 2022 ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellant-claimant and 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 counsel appearing for the appellant- claimant and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,75,000/- (Rupees 3 one lakh and seventy-five thousand only), 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum 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 off 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 kvk