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2025 DAILYLAW 69636 (KAR)

MR RAMESH SINCE DECEASED v. MR DONALD AVIN

MFA/3753/2022 · 2025-12-13

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 13TH DAY OF DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE ANU SIVARAMAN & SRI. H SHANTHI BHUSHAN, MEMBER M.F.A.No.3753/2022 (MV) (Lok Adalat No.8391/2025) BETWEEN: MR. RAMESH (SINCE DECEASED) 1 . SMT. JYOTHI W/O, LATE RAMESH POOJARY AGED ABOUT 42 YEARS R/AT, H.NO.11-129A, JANATHA COLONY KUTHPADY POST, UDAYAVARA, UDUPI TALUK UDUPI DISTRICT-18. 2 . PRAGATHI D/O, LATE RAMESH POOJARY @ RAMESH AGED ABOUT 20 YEARS R/AT, H.NO. 11-129A, JANATHA COLONY KUTHPADY POST, UDAYAVARA UDUPI TALUK 2 UDUPI DISTRICT-18. 3 . PRATHISH S/O. LATE RAMESH POOJARY @ RAMESH AGED ABOUT 13 YEARS, R/AT, NEAR NADUR COMPOUND 52 HEROOR, VARAMBALLI BRAHMAVARA UDUPI TALUK, UDUPI DISTRICT-18 SINCE MINOR REP. BY NATURAL GUARDIAN MOTHER SMT. JYOTHI (APPELLANT NO.1) W/O. LATE RAMESH POOJARY AGED ABOUT 42 YEARS R/AT, H.NO.11-129A, JANATHA COLONY KUTHPADY POST, UDAYAVARA UDUPI TALUK UDUPI DISTRICT-18 4. MUTTU POOJARTHI W/O. LATE TUKRA POOJARY AGED ABOUT 70 YEARS R/AT H.NO.11-129A, JANATHA COLONY KUTHPADY POST, UDAYAVARA UDUPI TALUK UDUPI DISTRICT-18 ...APPELLANTS (BY SRI. PRATHEEP K.C., ADVOCATE) AND 1 . MR. DONALD AVIN AGED ABOUT 34 YEARS S/O DAVID S. JATHANNA R/O, H. NO.2-115, POSAR MOODABETTU, KATAPADI UDUPI TALUK 3 UDUPI DISTRICT-19. 2 . THE DIVISIONAL MANAGER LIBERTY VIDEOCON GENERAL INS. CO. LTD DIVISIONAL OFFICE 4-1-85/21, SHOP NO.203 AND 4-1- 85/25 SHOP NO.207, 2ND FLOOR INLAND AVENUE, M.G. ROAD MANGALORE-576101. RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 21.01.2022 PASSED IN MVC NO. 1093/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, 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 Appellant - Claimant is present through video conferencing/physical hearing. The learned Counsel appearing 4 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate 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 Rs. 4,00,000/- (Rupees Four Lakhs only), in addition, 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 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 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 PN