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. V KAMESWAR RAO, ACTING CHIEF JUSTICE & MR. SHANTHI BHUSHAN H., MEMBER M.F.A.No. 3610/2023 (Lok Adalat No.2929/2025) BETWEEN 1 . SMT. ASHWINI W/O. LATE. ASHOKA POOJARY, AGED ABOUT 33 YEARS, 2 . MASTER ANISH, S/O. LATE. ASHOKA POOJARY, AGED ABOUT 10 YEARS. MINOR REPRESENTED THROUGH HIS MOTHER NATURAL GUARDIAN APPELLANT NO.1, BOTH ARE RESIDING AT: H.N.2-174, PADU HEBRI MANE, NEAR CHIKKU AMMA TEMPLE, BEEJADI, KOTESHWARA, UDUPI TALUK AND DISTRICT. ...APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) 2 AND: 1 . MR. DENIS NORONHA S/O. SRI SEBASTIAN NORONHA, AGED ABOUT 57 YEARS, R/AT. NIRVALA MANE, PADAVU, PARAPADI, NITTEE, KARKALA TALUK, UDUPI DISTRICT. 2 . THE MANAGER, LIBERTY GENERAL INSURANCE LTD., D.NO.4-1-85/21, SHOP NO.203 AND D.NO.4-1-85/25, SHOP NO.207, 2ND FLOOR, INLAND AVENUE, M.G.ROAD, MANGALURU - 575 003. REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2022 PASSED IN MVC NO. 240/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, 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: 3 CONCILIATION ORDER We mark the presence of Sri. Manjunath G., Zonal Manager of Respondent No.2-Liberty General Insurance Company. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel for the appellant/ claimant (being authorized by the appellant/claimant to sign) and by the Authorized Officer of Respondent No.2, duly signed by its counsel, is filed before the Lok Adalath. 3. The appellants-claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of Rs.4,90,000/- (Rupees Four Lakhs Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4. Respondent No.2-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 5. Out of the enhanced compensation of Rs.4,90,000/-, an Amount of Rs.2,00,000/- shall be released in favour of the appellant/Claimant No.1, on proper identification. (a) The balance amount of Rs.2,90,000/- shall be shared in the ratio of 60% & 40% (Rs.1,74,000/- & Rs.1,16,000/-) respectively among Appellants/Claimants No.1 & 2. (b) The 60% share amount of the Appellant/Claimant No.1 being Rs.1,74,000/- (Rupees One Lakh Seventy Four Thousand only) shall be invested in her name, in High Interest Yielding Fixed Deposit, in any Nationlised/Scheduled Bank of her choice, for a period of 03 years. (c) The 40% share amount of the Minor Appellant/Claimant No.2-Anish being Rs.1,16,000/- (Rupees One Lakh Sixteen Thousand only) shall be invested in his name, in High Interest Yielding Fixed Deposit, in any Nationlised/Scheduled Bank, till he attains majority. 5 (d) The Appellant/Claimant No.1 is entitled to withdraw the periodical interest on the amounts deposited in her favour and also in favour of the Appellant/Claimant No.2 and interest accrued thereon the amount of Appellant/Claimant No.2 shall be utilized only for his benefit. 6. It is clarified that the order of the Tribunal in respect of distribution of the compensation thereof has not been varied. 7. The 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/- ACTING CHIEF JUSTICE Sd/- MEMBER KGR*