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2025 DAILYLAW 73968 (KAR)

RAMESHA v. JOYSON CUTINHO

MFA/7455/2025 · 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 MR. JUSTICE RAJESH RAI K & SMT.NALINA K. MEMBER M.F.A.No.7455/2025 (MV) (Lok Adalat No.8402/2025) BETWEEN: RAMESHA, AGED ABOUT 58 YEARS, S/O PADDU MOILY, R/O. 3-72, ADAMAR ROAD, ADAMAR POST, YELLUR, UDUPI - 574 113. ...APPELLANT (BY SRI.H.PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. JOYSON CUTINHO, AGED ABOUT 21 YEARS, S/O. SANTHOSH PRAVEEN CUTINHO, R/O. 4-17A, LBC HOUSE, PALIMARU POST, UDUPI - 574 112. 2. AMRUTH RAJ K.P., AGED ABOUT 37 YEARS, 2 R/O. 3E, 11-875/1, NAY GARS LINES, SIDDI VINAYAKA TEMPLE, BAIKARNAKATTE, KULESHEKAR, MANGALORE, DAKSHINA KANNADA. 3. THE DIVISIONAL MANAGER, HDFC ERGO GENERAL INS. CO. LTD., DIVISIONAL OFFICE, D.NO.9-3-101/9, ROYAL AVENUE, 1ST FLOOR, NEAR KALPANA THEATRE, OLD POST OFFICE ROAD, UDUPI. ...RESPONDENTS (BY SRI. D.VIJAY KUMAR, ADVOCATE FOR R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2025 PASSED IN MVC NO.936/2023 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT AT 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 for the Respondent – Insurance Company along with its representative are present. 3 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.1,30,000/- (Rupees One Lakh Thirty 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 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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 4 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 GPG