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2025 DAILYLAW 83701 (KAR)

SRI SATHISH v. SRI ANAND

MFA/199/2024 · 2025-04-24

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 24TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI. S. SAMPRATHI, MEMBER M.F.A.No.199/2024 (MV) (Lok Adalat No.3983/2025) BETWEEN: SRI. SATHISH, S/O. REVANNA, AGED ABOUT 29 YEARS, RESIDING AT HONNEGOWDANHALLI VILLAGE, GUNDLUPET TALUK - 571 126. ...APPELLANT (BY SRI. BHANU PRAKASH H V, ADVOCATE) AND: 1. SRI. ANAND, S/O. BASAVANAYAKA, MAJOR, DRIVER OF THE UTO RIKSHAW BEG. REG.NO.KA-10-9347. 2. SRI. BASAVANAYAKA, S/O. SIDDANAYAKA, MAJOR, (OWNER OF AUTO RIKSHAW 2 BEG. REG.NO.KA-10-9347), BOTH ARE RESIDING AT C-137, KELASURU VILLAGE, GUNDLUPET TQ. - 571 123. 3. THE DIVISIONAL MANAGER, SRIRAM GENERAL INSURANCE COMPANY LIMITED, #S/5, 2ND FLOOR, MANORATHA CHAMBER, OPP. INFANTRY WEDDING HALL, BENGALURU - 560 001. 4. SRI. MADAPPA, S/O. MALLAPPA, MAJOR, RESIDING AT #19/1, 1ST MAIN, 4TH CROSS, DEEPANJANEYA NAGARA, BENGALURU - 560 026. INSURER OF THE MOTOR CYCLE BEG. REG. NO.KA-05-JJ-5137. 5. THE DIVISIONAL MANAGER, ICICI LOMBARD GENERAL INSURANCE, COMPANY LTD., MYTHRI ARCADE, SARASWATHIPURAM, MYSURU - 570 009. INSURER OF THE M/C. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2023 PASSED IN MVC NO. 282/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 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 Company has agreed to pay a sum of Rs.6,05,700/- (Rupees Six Lakh Five Thousand Seven Hundred Only), with interest at 6% p.a. from the date of petition till the date of deposit, as against of Rs.5,07,700/- 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 4 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 SHS