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2025 DAILYLAW 90416 (KAR)

KUMARI. SAKSHI v. SRI. SANDEEP KUMAR C.S.

MFA/6347/2023 · 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 K.V. ARAVIND & Dr. S.V. GIRIKUMAR, CONCILIATOR M.F.A.No.6347 OF 2023 (MV-I) (Lok Adalat No.1947/2023) BETWEEN: KUMARI. SAKSHI, D/O EARAIAH @ EARAIAH SWAMY, AGED ABOUT 12 YEARS, SINCE MINOR REP BY HER FATHER AND NATURAL GUARDIAN SRI EARAIAH @ EARAIAH SWAMY, S/O BASAYYASWAI HIREMATH, AGED ABOUT 47 YEARS, BOTH ARE R/AT NO.E/00, TALAVARAGERA, NEAR HANUMAN TEMPLE, TALWARGERA, WAGINGERA YADGIR, KARNATAKA-585290 ...APPELLANT (BY SRI NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. SRI. SANDEEP KUMAR C.S, S/O SHIVAKUMAR, MAJOR, R/A NO.23, 3RD MAIN, 3RD CROSS, ACHUTHA NAGAR, 2 ACHARYA COLLEGE ROAD, CHIKKABANAVARA, BENGALURU-560090, AND ALSO R/AT OLLAKKA SADIGALA SALAKESHPURA TALUK, AREKERE, HASSAN DISTRICT, KARNATAKA-573134, RC OWNER OF MOTOR CYCLE BEARING REG NO.KA-05-KA-6860). 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, KRUSHI BHAVAN, NEAR HUDSON CIRCLE, HUDSON CIRCLE, BENGALURU-560027, (POLICY NO.0723813121P1062388847 VALIDITY FROM 25/09/21 TO 24/09/22) …RESPONDENTS (BY SMT GEETHA RAJ, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2023 PASSED IN MVC NO. 1850/2022 ON THE FILE OF THE XXIV ADDITIONAL SCJ, ACMM, MEMBER, MACT, BENGALURU SCCH-26, 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: 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 counsel appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned counsel 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.1,50,000/- (Rupees One Lakh Fifty 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. The parties are not entitled for any cost. 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/- CONCILIATOR DDU