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High Court of Karnataka · body

2025 DAILYLAW 83512 (KAR)

SRI D G DIVAKARA v. SRI K SURESH

MFA/167/2020 · 2025-12-11

Lok Adalath

Transfer Petitionbody2025

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 11TH DAY OF DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SMT. D.SUDHA, MEMBER M.F.A.No. 167/2020 (MV) (Lok Adalat No.1373/2025) BETWEEN: SRI D G DIVAKARA S/O GIRIYAPPA NAYAKA AGED ABOUT 48 YEARS, R/AT DYAVANTU VILLAGE, SRINGERI TALUK, CHIKMAGALUR DISTRICT. PIN 577139. …APPELLANT (BY SRI. RAVIKUMAR.N.R, ADVOCATE) AND: 1 . SRI K SURESH S/O KASHI AGED ABOUT 45 YEARS, R/AT 47/A, SEVUR VILLAGE, KATPADI TALUK,VELLORE DISTRICT TAMILNADU, PIN CODE 632007. 2 . THE BRANCH MANAGER, NATIONAL INSURANCE CO LTD 2 DIVISIONAL OFFICE, MANJUNATHESWARA COMPLEX, 1ST FLOOR, OLD BUS STAND ROAD, HASSAN TOWN. PIN 577201. …RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2018 PASSED IN MVC NO. 36/2016 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL M.A.C.T., CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. 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 - 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 Company has agreed to pay a lump-sum of Rs.2,35,000/- (Rupees Two Lakh 3 Thirty Five Thousand), 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 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 SRK