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2025 DAILYLAW 34407 (KAR)

SADASHIVA POOJARY v. DIVAKARA POOJARY

MFA/6908/2024 · 2025-03-08

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 8TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 6908/2024 (MV) (Lok Adalat No. 3831/2024) BETWEEN: 1. Sadashiva Poojary, Aged about 51 years, S/o Late Sheena Poojary. 2. Kumari Shilpa, Aged about 27 years. 3. Shreyas, Aged about 25 years. Appellant Nos.2 and 3 are children of Late Sunitha and Sadashiva Poojary. All are Residing at 23A, Srinivasa Nilaya, Uppala, Shalegudde, Shivapura Road, Mudrady Village, Hebri Taluk. ...APPELLANTS (By Sri. H. Pavana Chandra Shetty, Advocate) 2 AND: 1. Divakara Poojary, Aged about 45 years, S/o Govinda Poojary, R/at Beedinahaklu, Rajeeva Nagara, Hebry Post and Village, Karkala Taluk. 2. The Branch Manager, Reliance General Insurance Co. Ltd., Mangalore Branch, Maximus Commercial Complex, 4th Floor, Light House Hill Road, Hampanakatte, Mangalore – 575 001. …RESPONDENTS (By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 13.12.2024) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.10.2023 PASSED IN MVC NO. 609/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM AND MACT, KARKALA, UDUPI, 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 Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 3 2. After prolonged negotiations, the matter is settled amicably. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 1,10,000/- (Rupees One Lakh Ten Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 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 appellants / claimants, on proper identification, in terms of the apportionment made by the Claims Tribunal. 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 Rbv