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2025 DAILYLAW 79426 (KAR)

MR. UDAYA KUMAR @ UDAYA v. MR. JAYARAJ MABEN

MFA/7442/2019 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE G. BASAVARAJA & SRI. VIJAYAKUMAR MAJAGE, MEMBER M.F.A.No.7442/2019 (MV-D) (Lok Adalat No.3873/2025) BETWEEN 1. MR. UDAYA KUMAR @ UDAYA S/O. LATE SHEKAR PUTHRAN, AGED 39 YEARS, 2. MASTER POORVAJ S/O. UDAYA KUMAR @ UDAYA, AGED 6 YEARS, APPELLANT NO.2 IS A MINOR AND REPRESENTED BY HIS NATURAL GUARDIAN, FATHER WHO IS APPELLANT NO.1, MR. UDAYA KUMAR @ UDAYA, BOTH ARE RESIDENTS OF DOOR NO. 2-179, SANTHU KARKERA NIVAS, SANDSPIT THOTA, BENGRE, MANGALURU TALUK, D.K. DISTRICT-575 019. ...APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADV.) 2 AND 1. MR. JAYARAJ MABEN S/O. HABELT MABEN, AGED 50 YEARS, R/O. MABEN VILLA, BROOK LINE, S.L. MATHAISE ROAD, HIGH LAND, MANGALURU, D.K. DISTRICT, PIN-575 005. 2. THE NEW INDIA ASSURANCE CO. LTD., 3RD FLOOR, ESSEL CHAMBERS, KARANGALPADY, MANGALURU, D.K. DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN-574 003. …RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADV. FOR R2. ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.02.2019 PASSED IN MVC NO.1626/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, MANGALURU, DAKSHINA KANNADA, 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 The learned Counsel appearing for the Appellant - Claimants 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/claimants and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellant-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.10,50,000/- (Rupees Ten Lakh Fifty 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. Since the claimant-appellant no.2 herein is a minor, 50% of the compensation amount may be released in favour of Appellant No.1 who is the natural guardian of the injured-appellant no.2 herein, on proper identification. Remaining 50% of the compensation amount shall be kept in 4 Fixed Deposit in any Nationalized / Scheduled Bank under auto renewal scheme till the Appellant No.2-minor, attains majority with liberty to the guardian to withdraw the accrued interest periodically. 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 lnn