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2025 DAILYLAW 84004 (KAR)

SRI.MOHAN @ MOHAN KUMAR K v. SRI.MOHAN PRAKASH U

MFA/1583/2023 · 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 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.1583/2023 (MV) (Lok Adalat No.1930/2025) BETWEEN: SRI. MOHAN @ MOHAN KUMAR. K, S/O. LATE KRISHNAPPA, AGED ABOUT 30 YEARS, R/AT. NO. 453, 3RD CROSS, RAJAGOPALANAGARA, BANGALORE NORTH, PEENYA SMALL INDUSTRIES, BANGALORE - 560 058. ...APPELLANT (BY SRI. B.N. NAGARAJU, ADVOCATE) AND: 1. SRI. MOHAN PRAKASH. U, S/O. ANAND NAIDU. U, AGED ABOUT 28 YEARS, R/O. NO. 19, A,G/F 2ND CROSS, SHARAVATHI ROAD, SUMUKA LAYOUT, CHIKKALASANDRA, 2 BANGALORE - 560 061. (OWNER OF THE INNOVA 2.5 G.SALLON BEARING REG.NO.KA-02-AA-6300) (EX-PARTE). 2. THE SHRIRAM GEN. INSURANCE COMPANY LTD., NO. 302, 3RD FLOOR, S & S CORNER BUILDING, FLAT NO. 48, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE - 560 001. (POLICY NO. 10003/31/19/134848 VALID FROM 02-06-2018 TO 01-06-2019) REPRESENTED BY ITS BRANCH MANAGER. …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 29.03.2022 PASSED IN MVC NO. 1236/2019 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU SCCH-25, PARTLY 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: 3 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.4,90,487/- (Rupees Four Lakh Ninety Thousand Four Hundred Eighty seven Only), with interest 6% p.a. from the date of petition till the date of deposit, as against of Rs.2,41,047/- 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 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