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High Court of Karnataka · body

2025 DAILYLAW 68506 (KAR)

MRS JESINTHA FERNANDIS v. BAJAJA ALLIANZ GENERAL INSURANCE CO. LTD.,

MFA/4121/2017 · 2025-07-12

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 NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 4121/2017(MV) (Lok Adalat No. 6613/2025 ) BETWEEN 1 . MRS JESINTHA FERNANDIS W/O LATE RICHARD FERNANDIS, AGED ABOUT 46 YEARS, RESIDING AT KUPPILA HOUSE, MONDANKAPU POST, B MOODA, BANTWAL, PRESENTLY RESIDING AT D’SOUZA COMPOUND, MARY HILL, BONDEL, MANGALURU 2 . LEEDIYA FERNANDIS D/O LATE RICHARD FERNANDIS, AGED ABOUT 25 YEARS, RESIDING AT KUPPILA HOUSE, MONDANKAPU POST, B MOODA, BANTWAL, PRESENTLY RESIDING AT D’SOUZA COMPOUND, MARY HILL, BONDEL, MANGALURU 2 3 . MR RAHUL FERNANDIS S/O LATE RICHARD FERNANDIS, AGED ABOUT 22 YEARS, RESIDING AT KUPPILA HOUSE, MONDANKAPU POST, B MOODA, BANTWAL, PRESENTLY RESIDING AT D’SOUZA COMPOUND, MARY HILL, BONDEL, MANGALURU … APPELLANTS (BY SRI. GURUPRASAD B R, ADVOCATE) AND: 1 . BAJAJA ALLIANZ GENERAL INSURANCE CO. LTD., BRANCH OFFICE, KAVERI MOTORS, KOTTARA CHOWKI, N.H.17, MANGALURU, REPRSENTED BY ITS MANAGER, 2 . MR ABDUL RAZAK S/O LATE K H AHAMED KUNHI, AGED ABOUT 38 YEARS, R/O D.NO.66/2, 2ND FLOOR, 3RD MAIN, JANATHA COLONY, JAKKASANDRA, KORAMANAGALA, BENGALURU-560034 3 . MR LAWRANCE FERNANDIS @ LORENCE FERNANDIS, S/O LATE NICHOLAM FERNANDIS, AGED 87 YEARS, RESIDING AT KUPPILA HOUSE, MONDANKAPU POST, B MOODA, BANTWAL, PRESENTLY RESIDING AT D’SOUZA COMPOUND, MARY HILL, BONDEL, MANGALURU …RESPONDENTS (BY SRI. P B RAJU, ADVOCATE FOR R-1) 3 MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2016 PASSED IN MVC NO.1590/2015 ON THE FILE OF THE I ADDL SENIOR CIVIL JUDGE, 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 Appellants - Claimants are present. 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 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.3,60,000/- (Rupees Three Lakh Sixty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4 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 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