SRI NAGARAJA @ NAGARAJA KONDANNAVAR v. Reliance General Insurance Company Ltd.,
MFA/7299/2022 · 2025-04-26
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32033 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32033 (KAR) · dailylaw.ai ]
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 26TH DAY OF APRIL, 2025
CONCILIATORS PRESENT
THE HON’BLE MR. JUSTICE V KAMESWAR RAO
&
MR. SHANTHI BHUSHAN H., MEMBER
M.F.A.No. 7299/2022 (MV I) (Lok Adalat No.2028/2025) BETWEEN:
1 . SRI NAGARAJA @ NAGARAJA KONDANNAVAR, S/O LATE HANUMANTHA @ DODA HANUMANTHA, AGED 58 YEARS,
2 . SMT. KAMALA, W/O SRI NAGARAJA @ NAGARAJA KONDANNAVAR, AGED 53 YEARS,
3 . SRI PARASURAMA, S/O SRI NAGARAJA @ NAGARAJA KONDANNAVAR, AGED 25 YEARS,
4 . CHANDRIKA, D/O SRI NAGARAJA @ NAGARAJA KONDANNAVAR, AGED 19 YEARS,
5 . ROOPA, D/O SRI NAGARAJA @ NAGARAJA KONDANNAVAR, AGED 16 YEARS,
2 MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN FATHER, SRI NAGARAJA,
6 . SHIVADATTA S/O SRI NAGARAJA @ NAGARAJA KONDANNAVAR, AGED 15 YEARS, MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN FATHER, SRI NAGARAJA,
ALL ARE R/O D. NO.1-73 A, KUTTIKALA HOUSE, MERAMAJALU, KUTTIKALA, BANTWAL TQ. - 574 219. …APPELLANTS (BY SRI. GURUPRASAD B.R., ADVOCATE)
AND:
1 . RELIANCE GENERAL INSURANCE COMPANY LTD., MAXIMUS COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANAKATTA, MANGALORE – 575 001. REPRESENTED BY ITS MANAGER. 2 . MR. ABDUL BASID, S/O K. AHAMMAD, AGED 41 YEARS, R/O SHALMA MANZIL, D. NO.2-374, P.H.ROAD, NEAR JUMMA MASQUE, BAJPE POST AND VILLAGE, MANGALORE TQ. 574 142. 3 . MR. KUSHA SHETTY, S/O SEENA SHETTY, AGED MAJOR, R/O NYARMA HOUSE, SHIRVA, UDUPI – 574 116. …RESPONDENTS (BY SRI. LINGARAJ H.S., ADVOCATE FOR R1)
3
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.11.2021 PASSED IN MVC NO. 1685/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER, MACT, MANGALURU, DAKSHINA KANNADA, 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
We mark the presence of Sri. Sandeep.S.K, Chief Legal Manager of respondent No.1-Insurance Company. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel for the appellants/ claimants (being authorized by the appellants/claimants to sign) and by the Authorized Officer of respondent No.1, duly signed by its counsel is filed before the Lok Adalath. 3.
The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.5,30,000/- (Rupees Five Lakhs Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4
4. Respondent No.1-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. 5. Out of enhanced compensation amount, Rs.2,75,000/- shall be released in favour of appellant No.2, Rs.51,000/- each shall be released in favour of appellants No.1, 3 and 4 on proper identification by the appellants’ counsel and their proper documentation. The appeal having been filed in the year 2022, as appellant No.5 has attained majority as of today, as such, Rs.51,000/- shall be released in her favour also on proper identification by the appellants’ counsel and their proper documentation. The status of the parties has been depicted in terms of the memorandum of appeal filed in the appeal paper-book. Insofar as the compensation amount in respect of appellant No.6 is concerned, Rs.51,000/- shall be invested in Fixed Deposit in the name of appellant No.6 in any
5 Nationalized/Scheduled Bank till he attains majority, with liberty to appellant No.2 to withdraw the interest amount periodically for the benefit of minor appellant No.6. 6. It is clarified that the order of the Tribunal in respect of distribution of the compensation thereof has not been varied. 7. The 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
PA