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High Court of Karnataka · body

2025 DAILYLAW 81131 (KAR)

SRI. KALAKAPPA @ KALAKAPPA HAVALDAR v. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.,

MFA/4362/2023 · 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 SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI S SAMPRATHI, MEMBER M.F.A.No.4362/2023 (MV) (Lok Adalat No.8882/2025) BETWEEN: SRI. KALAKAPPA @ KALAKAPPA HAVALDAR S/O NAGAPPA, AGED ABOUT 27 YEARS THOPALAKATTE VILLAGE YAREGERI POST YARIGERA, KUSTAGI TALUK, KOPPALA DIST, PIN NO.583 281. …APPELLANT (BY SRI. NAGARAJA. M, ADVOCATE) AND: 1 . ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.89, 2ND FLOOR, S V R COMPLEX, HOSUR MAIN ROAD, MADIVALA, BENGALURU -560 068. IT IS REPRESENTED BY ITS MANAGER. 2 2 . SRI RAJARAMA MANJUKODY BHAT S/O SUBRAMANYA BHAT M BHARAVIKA RESIDENCY, FLAT NO.B005 19/1, BASAPURA VILLAGE, NEAR HOSA ROAD JUNCTION, BENGALURU 560 100. AND ALSO RESIDING AT NO.77, GROUND FLOOR, PHASE 3, GREEN VISTA LAYOUT, CHIKKABELLANDUR LAND MARK, MULLUR ROAD, CARMILARAM POST, BENGALURU- 560 035. …RESPONDENTS (BY SRI. PRADEEP .B, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2023 PASSED IN MVC NO. 2717/2020 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU, (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF 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. 28,00,000/- (Rupees Twenty Eight Lakh 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 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 SRK