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2025 DAILYLAW 80927 (KAR)

SRI HARISH KUMAR N M v. SRI SHIVALINGAPPA H T

MFA/5446/2024 · 2025-12-13

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 DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.5446/2024 (MV) (Lok Adalat No.8293/2025) BETWEEN SRI. HARISH KUMAR N.M., S/O. MAHADEVASWAMY, AGED ABOUT 32 YEARS, R/O. NO.171, NEELASOGE VILLAGE, MUGURU HOBLI, T. NARASIPURA TALUK - 571124, MYSURU DISTRICT. ...APPELLANT (BY SRI. NAGESH M., ADVOCATE) AND 1 . SRI. SHIVALINGAPPA H.T., S/O. THIMMAIAH, AGED ABOUT 54 YEARS, R/O. HANAGUDU VILLAGE, HUNSURU TALUK, 2 MYSURU DISTIRCT - 571 001 (DRIVER OF OMI CAR BEARING REGISTRATION NO. KA-09-MB-8344). 2 . SMT. VANAJAKSHAMMA H.S., W/O. SHIVALINGAPPA H.T., AGE MAJOR, R/AT 107, HEBBYA VILLAGE, CHATRA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT - 571 001. (OWNER OF OMI CAR BEARING REGISTRATION NO. KA-09-MB-8344). 3 . NATIONAL INSURANCE COMPANY LIMITED, DIVISION OFFICE -2, OFFICE NO.1, 1ST FLOOR, SRI.SRINIVASA PLAZA, ADICHUNCHANAGIRI ROAD, KUVEMPUNAGARA, MYSURU - 570 002. (POLICY NO. 35101031166138869614, VALID FROM 03.10.2016 TO 02.10.2017) …RESPONDENTS (BY SRI. ASHOK KUMAR V., ADVOCATE FOR R-3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2023 PASSED IN MVC NO.1407/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, T. NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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.65,000/- (Rupees Sixty 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 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 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 ABK