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2025 DAILYLAW 87175 (KAR)

THE MANAGER v. RAJU

MFA/3828/2023 · 2025-12-13

Lok Adalath

body2025

Judgment text

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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 SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI S. SAMPRATHI, MEMBER M.F.A.No.3828/2023 (Lok Adalat No.8476/2025) C/W M.F.A.No.8138/2023 (Lok Adalat No.8543/2025) IN M.F.A.No.3828/2023 BETWEEN: THE MANAGER ICICI LOMBARD GIC LTD., BRANCH OFFICE, MAJESTIC PLAZA, BANGALORE, NOW REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, ICICI LOMBARD GEN. INS. CO. LTD., NO.121, THE ESTATE BUILDING, 9TH FLOOR, DICKSON ROAD, BANGALORE-42. ...APPELLANT (BY SRI.PRADEEP B., ADVOCATE) Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA 2 AND 1. RAJU S/O VISWANATH, AGED ABOUT 32 YEARS, NO.KARIGAL ROAD, BIRUR TOWN, KADUR TALUK, CHICKAMANGALORE DIST-577 116 2. B.P. CHANDRASHEKAR, S/O PARAPPA, AGED ABOUT 45 YEARS, R/AT BASAVAPURA VILLAGE, UBRANI POST, CHANNAGIRI TALUK-562 160 3. SRI.CHANDRAPPA S/O NEELAPPA AGED ABOUT 47 YEARS R/AT BANTAGANAHALLI VILLAGE KAMANAKERE POST KADUR TALUK CHICKMAGALUR DISTRICT ….RESPONDENTS (BY SRI. PRAKASH H.C., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2023 PASSED IN MVC NO.26/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, AWARDING, COMPENSATION OF RS.10,57,343/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. 3 IN M.F.A.No.8138/2023 BETWEEN: RAJU S/O VISHWANATHA, AGED ABOUT 32 YEARS, NO.KARIGAL STREET, BIRUR TOWN, KADUR TALUK, CHIKAMANGALORE DIST-577 116 ...APPELLANT (BY SRI.PRAKASH H.C., ADVOCATE) AND 1. B.P. CHANDRASHEKAR, S/O PARAPPA, AGED ABOUT 45 YEARS, R/AT BASAVAPURA VILLAGE, UBRANI POST, CHANNAGIRI TALUK-577 213 2. SRI.CHANDRAPPA S/O NEELAPPA AGED ABOUT 47 YEARS R/AT BANTAGANAHALLI VILLAGE KAMANAKERE POST KADUR TALUK-577 548 3. ICICI LOMBARD GENERAL INSURANCE CO. LTD., BRANCH OFFICE, MAJESTIC PLAZZA BENGALURU-560 001 ….RESPONDENTS (BY SRI.PRADEEP B., ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2023 PASSED IN MVC NO.26/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, 4 CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellant – Insurance company along with its representative are present. The learned Counsel appearing for the Respondents – claimants is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the Respondents -claimants (being authorized by the Respondents-claimants to sign) and the learned advocate appearing for the appellant -Insurance Company and its authorized officer is filed. The respondent/s-claimant/s has/have agreed to receive and appellant – Insurance Company., has agreed to pay a lump-sum of Rs.8,50,000/- (Rupees Eight Lakh Fifty Thousand Only) with 6% interest p.a., as against of Rs.10,57,343/- with 6% interest p.a. awarded by the tribunal, in full and final settlement of the claim. The amount if any deposited before this court shall be transferred to the claims Tribunal and also the amount in excess if any, shall be refunded to the Insurance Company. 5 3. The appellant - Insurance Company has agreed to deposit the said balance 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. The amount if any, deposited before this Court shall be transferred to the claims tribunal. 4. The entire enhanced compensation amount is ordered to be released in favour of the Respondent-claimant, on proper identification. 5. Accordingly MFA No.3828/2023 filed by the appellant- Insurance Company stands disposed of in terms of the Joint Memo. The judgment and award of the tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA No.3828/2023 filed by the appellant-Insurance Company. The connected MFA No.8138/2023 filed by the respondents-claimants is hereby disposed. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER TS