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2025 DAILYLAW 86837 (KAR)

SRI. CHANDRAPPA T v. D R MALLIKARJUNA

MFA/7786/2023 · 2025-12-13

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 13TH DAY OF DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT.NALINA K. MEMBER M.F.A.No.7786/2023 (MV) (Lok Adalat No.8291/2025) BETWEEN: SRI.CHANDRAPPA T, S/O SHESPESHAPPA @ ITAGI THIPPESHI, AGED ABOUT 30 YEARS, OCC: AGRICULTURIST, R/O SHAGALI VILLAGE, DAVANAGERE TALUK & DISTRICT. ...APPELLANT (BY SRI.GANGADHAR G.D., ADVOCATE) AND: 1. D.R.MALLIKARJUNA S/O D.RAMAPPA, AGED ABOUT 48 YEARS, RIDER OF MOTORCYCLE BEARING REG NO.KA-05/HD-3851, R/O SHAGALE VILLAGE, DAVANAGERE TALUK & DISTRICT. 2 2. SRI.ANJINAPPA B, S/O BORAPPA, AGED ABOUT 34 YEARS, R/O SHAGALE, BENGALURU, KARNATAKA, OWNER OF MOTORCYCLE BEARING REGISTRATION NO KA 05/HD 3851. 3. THE DIVISIONAL MANAGER, HDFC ERGO GENERAL INSURANCE, DIVISIONAL OFFICE, DEVARAJ URS, BADAVANE NEAR FLYOVER PB ROAD, DAVANAGERE, POLICY NO.2312910036760400000 VALID FROM 12/07/2021 TO 11/07/2022 ...RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R-3; R-1 AND R-2 ARE SERVED) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.07.2023 PASSED IN MVC NO.728/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANAGERE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 through video conferencing/physical hearing. The learned Counsel appearing 3 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.1,60,000/- (Rupees One Lakh Sixty 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. 4 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 GPG