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2025 DAILYLAW 82439 (KAR)

MR MUTHARASU J v. M/S HDFC ERGO GENERAL INSURANCE CO LTD

MFA/2281/2024 · 2025-09-13

Lok Adalath

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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.2281 OF 2024 (MV-I) (LOK-ADALAT NO.6012 OF 2025) BETWEEN: MR. MUTHARASU J. SON OF JAISANKAR AGED ABOUT 22 YEARS RESIDING AT D.NO.4/193 ATHIMARARHUR, DONNAKUTTAALI PEENAGARAM, DONNAKUTTAHALLI DHARMAPURI TAMILNADU - 636 810. PRESENT ADDRESS: CARE OF VENKATESH NO.400, PEENYA 1ST STAGE 2ND CROSS, PEENYA PEENYA INDUSTRIAL TOWN BENGALURU 560 058. ...APPELLANT (BY SRI GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER T. P. CLAIMS HUB NO.25/1, 2ND FLOOR, BUILDING NO.02 SHANKARANARAYANA BUILDING M.G. ROAD BENGALURU 560 001. 2 2 . M.R. SUHAS SON OF M. M. RAMESH RESIDING AT NO.795 3RD CROSS, UPKAR LAYOUT BEHIND MALATHAHALLI RTO VISHWANEEDAM POST, ULLAL BENGALURU 560 091. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE, FOR R-2) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27-03-2023 PASSED IN M.V.C. NO.5444 OF 2021 ON THE FILE OF THE XII ADDITIONAL JUDGE AND MEMBER, M.A.C.T., COURT OF SMALL CAUSES, BENGALURU, 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.1,00,000/- (Rupees one 3 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 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