SMT. YASHODHA v. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
MFA/1975/2024 · 2025-07-12
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74468 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74468 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE 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 C. M. JOSHI
&
SRI. RAJASHEKAR. K, MEMBER
M.F.A.No.1975/2024 (MV-D) (Lok Adalat No.5354/2025) BETWEEN:
1 . SMT. YASHODHA, W/O LATE RAJU POOJARY, AGED ABOUT 43 YEARS. 2 . KUM. CHAITHRA, D/O LATE RAJU POOJARY, AGED ABOUT 25 YEARS. 3 . KUM. NAVYA, D/O LATE RAJU POOJARY, AGED ABOUT 25 YEARS. 4 . MASTER. AKSHAY, S/O LATE RAJU POOJARY, AGED ABOUT 20 YEARS. ALL ARE R/AT 2-140 (a), AKSHAYA NIVASA, HOSAMANE,
2 NELLIKARU VILLAGE, MANTRADY, MANGALURU TALUK-574236 ...APPELLANTS (BY SRI. GURUPRASAD B R, ADVOCATE)
AND 1 . ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, ICICI LOMBARD HOUSE, 414, VEERA SAVARKAR MARG, NEAR SIDDHIVINAYAKA TEMPLE, PRABHADEVI, MUMBAI-400025. LOCAL OFFICE: MAXIMUS BUILDING, 3RD FLOOR, NALAPAD RESIDENCY, LIGHT HOUSE HILL ROAD, MANGALURU-575001, REPRESENTED BY ITS MANAGER. 2 . MR. NARAYANA, S/O POOVAPPA POOJARY, AGED ABOUT 47 YEARS, R/AT D.NO.2-131, DURGA NIVAS, NELLIKAR VILLAGE, MANTRADY POST, MANGALURU-574236. ….RESPONDENTS (BY SRI. KRISHNA KISHORE S, ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2023 PASSED IN MVC NO. 1782/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE
3 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/s - Claimant/s is 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 appellant/s/- claimant/s (being authorized by the appellant/s/-claimant/s to sign) and the learned advocate appearing for the respondent-Insurance Company Ltd., and its authorized officer is filed. The appellant/s- claimant/s has/have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.6,65,000/- (Rupees Six Lakh Sixty Five 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
4 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
SHS