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High Court of Karnataka · body

2025 DAILYLAW 83093 (KAR)

SRI. SHIVNATH MAHTO, v. The Oriental Insurance Company Ltd.,

MFA/130/2024 · 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.130/2024 (Lok Adalat No.1148/2025) BETWEEN: SRI. SHIVNATH MAHTO, S/O MOTI MAHTO AGED ABOUT 52 YEARS, R/AT NO.21, JAREA, BOKARO, JHARKAND INDIA-825312 ...APPELLANT (BY SRI. P MAHADEVASWAMY., ADVOCATE) AND: 1 . THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD BENGALURU-560001. 2 . M/S SEA BIRD TOURIST PROP H C NAGARAJAIAH NO.224/E/113, NEAR GANESHA TEMPLE, BRIGADE PLAZA, S C ROAD, 2 ANAND RAO CIRCLE BENGALURU-560009. 3 . HDFC GEN INS CO LTD NO.25/1, 2ND FLOOR, BUILDING NO.2 SHANKARANARAYANA BUILDING, M G ROAD, BENGALURU-560001. 4 . SRI SANTHOS D S S/O SIDDAVEERAPPA R/AT GOLLADEVARAHALLI, SEEBI AGRAHARA POST SIRA TALUK TUMKUR DIST-572125 …RESPONDENTS (BY SRI. SURESH K, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.04.09.2023 PASSED IN MVC NO.889/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, (SCCH-11), 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 first and third respondents - Insurance Companies 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 advocates appearing for the first and third respondents - Insurance Companies and their authorized officer are filed. The appellant - claimant has agreed to receive and the respondents -Insurance Companies have agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty Thousand only) with the first respondent agreeing to deposit a sum of Rs.35,000/- being 70% and the third respondent agreeing to deposit a sum of Rs.15,000/- being 30% in addition to what has been awarded by the Claims Tribunal in full and final settlement of the claim. 3. The first and third respondents - Insurance Companies have agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount 4 shall carry interest at the rate of 9% P.A. 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. 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