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2025 DAILYLAW 51764 (KAR)

PETER CIRIL FERNANDES v. MR SURESH

MFA/5893/2016 · 2025-04-26

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON9BLE MRS. JUSTICE K.S. MUDAGAL & SMT. P.V. KALPANA, MEMBER M.F.A.No.5893/2016 (MV) (Lok Adalat No.3177/2024) BETWEEN: PETER CIRIL FERNANDES, S/O LATE JOHN FERNANDES, AGED 74 YEARS, R/AT NO.2-128, GURUNAGARA HOUSE, MERIHILL, KONCHADY POST, MANGALURU TALUK - 575 008. ...APPELLANT (BY SRI. SANDESH SHETTY T, ADVOCATE) AND: 1. MR SURESH, S/O LATE RAMESH, ADULT, BUSINESSMAN, R/AT 1-59, KALIKAMBA NILAYA, DEVINAGARA, PACHANADY, MANGALORE TALUK - 575 008. 2 2. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE 1:30, BHARATH BUILDING, P.M.RAO ROAD, MANGALORE TALUK - 575 001 &RESPONDENTS (BY SRI. B A RAMAKRISHNA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2016 PASSED IN MVC NO. 350/14 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & JMFC, MANGALURU D.K., 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 Appellant - Claimant is present. The learned Counsel appearing for the Respondent 3 Insurance Company along with its representative are present. 2. After negotiation, 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 3 Rs.60,000/- (Rupees Sixty Thousand Only), in addition to what has been awarded by the Claim Tribunal inclusive of interest, 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. 4. On such deposit, the entire enhanced compensation amount shall be released in favour of the appellant-claimant digitally on furnishing required documents. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The impugned Judgment and Award of the Tribunal shall stand modified accordingly. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER SHS