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2025 DAILYLAW 41695 (KAR)

SRI NAGARAJ @ RAJESH v. ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE COMPANY LTD

MFA/7310/2024 · 2025-08-22

Lok Adalath

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2025 CONCILIATORS PRESENT: THE HON’BLE SRI.JUSTICE RAJESH RAI.K & SMT.NALINA.K, MEMBER M.F.A.No.7310/2024 (MV) (Lok Adalat No.6721/2025) BETWEEN 1 . SRI. NAGARAJ @ RAJESH W/O GOPAL, AGED ABOUT 42 YEARS, 2 . NISHMITHA D/O NAGARAJ @ RAJESH, AGED ABOUT 17 YEARS, 3 . SHANMITHA D/O NAGARAJ @ RAJESH, AGED ABOUT 10 YEARS, THE APPELLANTS No. 2 & 3 ARE MINORS AND REPRESENTED BY THEIR NATURAL GUARDIAN FATHER, THE APPELLANT NO.1 HEREIN. ALL ARE R/O D.NO.1-15Z (10A), PILAR PRAKASH NAGARA, 2 AJJANAKATTE, SOMESHWARA VILLAGE, KOTEKAR, MANGALURU. ...APPELLANTS (BY SRI.GURUPRASAD.B.R, ADVOCATE) AND 1 . ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE COMPANY LTD., 102 & 103, CENTRE POINT, FIRST FLOOR, OPP. TO SANJEVANI PRESS, NEW COTTON MARKET, HUBLI, LOCAL OFFICE: EMKAYS, SHALIMAR COMPLEX, 3RD FLOOR, KANKANADY, MANGALURU-575002. REPRESENTED BY ITS MANAGER. 2 . MR. VENUGOPAL S/O GANGADHAR POOJARY, AGED ABOUT 33 YEARS, R/AT D.NO.2-47/6, POOPADIKALLU, KARENKI SITE, BADAGA YEDAPADAVU, MANGALORE-574267. RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR RESPONDENT NO.1) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.01.2024 PASSED IN MVC NO.852/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, 3 MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 is present. 2. After prolonged negotiations, the matter is settled. 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.9,10,000/- (Rupees Nine Lakh Ten 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 4 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 SRK