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2025 DAILYLAW 81074 (KAR)

MR. HANUMANTHA @ HANUMANTHA PUJARA v. ORIENTAL INSURANCE COMPANY LIMITED

MFA/2138/2024 · 2025-07-12

Lok Adalath

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Judgment text

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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 B M SHYAM PRASAD & SRI.PAVANA CHANDRA SHETTY H., MEMBER MFA. No.2138/2024 (Lok Adalat No.5336/2025) BETWEEN: 1 . MR. HANUMANTHA @ HANUMANTHA PUJARA S/O. YAMANAPPA @ YAMANAPPA PUJARA, AGED ABOUT 40 YEARS, 2 . KUMARI SHILPA D/O. HANUMANTHA @ HANUMANTHA PUJARA, AGED ABOUT 12 YEARS, 3 . BABY SHRIDEVI D/O. HANUMANTHA @ HANUMANTHA PUJARA, AGED ABOUT 10 YEARS, 4 . BABY. ANUSHRI @ ANUSHRI PUJARA D/O. HANUMANTHA @ HANUMANTHA PUJARA, AGED ABOUT 09 YEARS, 5 . BABY. AKSHATHA D/O. HANUMANTHA @ HANUMANTHA PUJARA, AGED ABOUT 07 YEARS, 2 PETITIONERSS NO.2 TO 5 ARE MINORS & REP. BY THEIR NATURAL GUARDIAN FATHER THE PETITIONER NO. 1 HEREIN, ALL ARE R/O. D. NO. 289, WARD NO. 2, NEAR DURGAMMA TEMPLE, VANAGERI, KUSHTAGI, KOPPAL, PRESENTLY R/AT NEAR VISHNUMOORTHY TEMPLE, KOTE, UCHILA, MANGALURU. ………..APPELLANTS (BY SRI. GURUPRASAD B R., ADVOCATE) AND: 1 . ORIENTAL INSURANCE COMPANY LIMITED KRISHNA PRASAD BUILDING, 3RD FLOOR, M.G. ROAD, LALBAGH, MANGALURU-575 001, REPRESENTED BY ITS MANAGER. 2 . MR. MOHAMMED SADIQ S/O. ABDUL REHMAN, AGED ABOUT 27 YEARS, R/AT D. NO. 2-39, KAPIKAD HOUSE, IRA, BANTWAL TALUK-574 323. …RESPONDENTS (BY SRI. LINGARAJ H S., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2022 PASSED IN MVC NO.531/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, D.K.MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA IS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned counsel appearing for the appellants- 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 appellants - claimants (being authorized by the appellants - claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) in addition to what has been awarded by the Claims Tribunal in full and final settlement of the claim. 4 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 first appellant on proper identification. This Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER SA