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2026 DAILYLAW 9417 (KAR)

KUMAR G M@ KUMARAPPA @ MOHAN KUMAR v. SHAILESH P B

MFA/7019/2023 · 2026-03-14

Lok Adalath

body2026

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 14TH DAY OF MARCH, 2026 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI NAMAN VANKDARI M, MEMBER MISCELLANEOUS FIRST APPEAL NO.7019 OF 2023(MV-D) (LOK-ADALAT NO.1075 OF 2026) BETWEEN: 1. KUMAR G. M. @KUMARAPPA, @ MOHAN KUMAR, S/O MAHADEVAPPA, AGRICULTURIST, AGED ABOUT 61 YEARS, R/O GONDICHATNAHALLI VILLAGE, SHIVAMOGGA. 2. DHARMAVEERA G. K. S/O KUMAR G. M. @KUMARAPPA @MOHAN KUMAR, AGED ABOUT 34 YEARS, R/O NO.71, GONDICHATNAHALLI, SHIVAMOGGA. 3. NIRMALA, D/O KUMAR G. M. @ KUMARAPPA @ MOHAN KUMAR, AGED ABOUT 39 YEARS, R/O NO.019, NEAR POST OFFICE BEVINAHALLI, GUDDADABEVINAHALLI, HARIHARA TALUK, DAVANAGERE DISTRICT. ...APPELLANTS (BY SRI.MARUTHI G. B., ADVOCATE) AND: 1. SHAILESH P. B., S/O BASAVAPPA P. S., AGED ABOUT 48 YEARS, PHARMACIST, Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA 2 OWNER/DRIVER OF KA-17/Z-6385, DL NO.KA1719990001171, (VALID TILL 21.04.2024) R/O MALLIKARJUNA NILAYA, NEAR K.P.T.C.L OFFICE, DEVANAYAKANA HALLI, HONNHALLI TALUK, DAVANAGERE DISTRICT. 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., ICICI LOMBARD HOUSE, 414, VEER SAVARKAR MARG, NEAR SIDHIVINAYAK TEMPLE, PRABHADEVI, MUMBAI - 400 025. POLICY NO.3001/MI-08056006/00/000 VALID FROM 13.10.2019 TO 12.10.2020. …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE, FOR R2; R-1 SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 25.07.2022 PASSED IN M.V.C. NO.215/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, AMACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellants-claimants and 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 appellants- claimants and the learned counsel appearing for the respondent- 3 Insurance Company and its Authorised Officer is filed. The appellants- claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.11,50,000/- (Rupees eleven lakhs 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the judgment and award passed by the Tribunal. 5. This miscellaneous first appeal stands disposed off 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 AM