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2025 DAILYLAW 81607 (KAR)

G SHARAD YADAV v. VENKATESHA R

MFA/2186/2024 · 2025-07-12

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 12TH DAY OF JULY, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI.PAVANA CHANDRA SHETTY H., MEMBER MFA. No.2186/2024 (Lok Adalat No.5295/2025) BETWEEN: G SHARAD YADAV S/O M GOPALAIAH @ GOPALAPPA, AGED ABOUT 20 YEARS, STUDENT, R/O KARIYOBANAHALLI VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT ... APPELLANT (BY SRI. SATHISHA T., ADVOCATE) AND: 1 . VENKATESHA R S/O RANGASWAMY, AGED ABOUT 29 YEARS, (RC OWNER OF THE BAJAJ PULSAR MOTOR BIKE BEARING NO KA-16 EM-5467) R/O DUGGAVARA VILLAGE AND POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 2 2 . THE BRANCH MANAGER BRANCH OFFICE, THE ORIENTAL INSURANCE COMPANY LTD., SRI SHARADA COMPLEX, 1ST FLOOR, P B ROAD, OPP KSRTC BUS STAND, CHITRADURGA NO 577501 NOW REP. BY REGIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU 560001 …RESPONDENTS (BY SRI. K.NAGARAJAIAH., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2023 PASSED IN MVC NO.1085/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA IS 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. 3 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.30,000/- (Rupees Thirty Thousand 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 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. This Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER SA