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2025 DAILYLAW 81717 (KAR)

SRI. MADHU B R v. SRI. RAJASHEKARA S M

MFA/4106/2020 · 2025-07-10

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 10th DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SMT. D SUDHA, MEMBER M.F.A.No. 4106/2020 (MV - I) (Lok Adalat No. 6326/2025) BETWEEN SRI. MADHU B. R. S/O. RANGASWAMY, AGED ABOUT 29 YEARS, R/AT BELALKATTE VILLAGE, MELINAHANASAVADI POST, SHIVAMOGGA TALUK AND DISTRICT-577 216. ...APPELLANT (By Sri. MOHAN KUMAR T, ADVOCATE) AND 1 . SRI. RAJASHEKARA.S.M S/O. MALLAPPA, AGED ABOUT 40 YEARS, (DRIVER OF THE TRACTOR BEARING NO.KA-14-TA-4299) 2 . SRI. MALLAPPA S/O. MALLAPPA, AGED ABOUT 79 YEARS, APPELLANTS 1 & 2 ARE R/O. SUTTUKOTE VILLAGE, HOLALUR HOBLI, SHIVAMOGGA TALUK, 2 SHIVAMOGGA DISTRICT - 577 216. 3 . THE MANAGER, ROYAL SUNDERAM ALLIANCE INSURANCE COMPANY LTD., NO.2/319, VISHRANTHI MELARAM TOWERS, RAJIV GANDHI SALAI (OMR), KARAPAKKAM, CHENNAI - 600 097, TAMIL NADU. 4 . SRI. CHETHAN. B. R. S/O. RANGASWAMY.B.K., AGED ABOUT 28 YEARS, (RIDER OF THE SPLENDOR PLUS BEARING REGN. NO.KA-14-EF-6550) (FORMAL PARTY) 5 . SRI. RANGASWAMY. B. K. S/O. KANNAPPA, AGED ABOUT 59 YEARS, (OWNER OF THE SPLENDOR PLUS BEARING REGN. NO.KA-14-EF-6550) (FORMAL PARTY) APPELLANTS 4 & 5 ARE R/O. BELALKATTE VILLAGE, MELINAHANASAVADI POST, SHIVAMOGGA TALUK AND DISTRICT - 577 216. 6 . IFFCO TOKIO GENERAL INSURANCE SHASHI KIRAN BUILDING, FIRST FLOOR, SHANKAR MUTT ROAD, SHIVAMOGGA - 577 201. …RESPONDENTS (By Sri. H.S. LINGARAJ, ADVOCATE FOR R3; NOTICE TO R1, R2 & R4 TO R6 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.12.2019 PASSED IN MVC NO.953/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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/s - Claimant/s 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/s/-claimant/s (being authorized by the appellant/s/-claimant/s to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant/s-claimant/s has/have agreed to receive and the respondent-Insurance Company has agreed to pay a lump- sum of Rs.3,25,000/- (Rupees Three Lakh Twenty 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 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 AMM