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2025 DAILYLAW 83502 (KAR)

SRI. RACHAIAH v. S. ABHISEK

MFA/5130/2024 · 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 VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 5130/2024(MV) (Lok Adalat No. 6602/2025) BETWEEN SRI. RACHAIAH, S/O LATE SIDDAIAH, AGED ABOUT 76 YEARS, R/AT NO.159, NIDAGATTA VILLAGE, KASABA HOBLI, MALAVALLI TALUK-571 430 DISTRICT MANDYA. … APPELLANT (BY SRI RAMACHANDRA R NAIK, ADVOCATE) AND: 1. S. ABHISEK, S/O SRI M.V. SUBRAMANYA, PROPRIETOR, S.U. R.M.S. PETE, MALAVALLI-571 430 MANDYA DISTRICT. 2 2. THE NEW INDIA ASSURANCE CO LTD CLAIMS HUB, NO. 92, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, BENGALURU-560 001 BY ITS DIV. MANAGER. …RESPONDENTS (BY SRI. G S MARULAIAH, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2023 PASSED IN MVC NO.2210/2020 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE , MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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. 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 3 Company has agreed to pay a lump-sum of Rs.1,20,000/- (Rupees One Lakh Twenty 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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 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