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 C M POONACHA & SRI. SUBRAHMANYA. P D, MEMBER M.F.A.No.3057/2024 (MV) (Lok Adalat No.5363/2025) BETWEEN: 1. GANAPATHI NAYAK, AGED ABOUT 32 YEARS, S/O. B. KRISHNA NAYAK, R/O. C-33, MUDU BAILU, BELLAMPALLI POST, PERDUR, UDUPI - 576 124 ...APPELLANT (By Sri.PAVAN CHANDRA SHETTY H., Advocate) AND 1. MELWIN D' SOUZA, AGED ABOUT 46 YEARS, S/O. LUVIS D' SOUZA, R/O.H.NO.2-69, KAMBALABETTU, HAVANJE POST AND VILLAGE, UDUPI DISTRICT-576124. 2 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LID., DIVISIONAL OFFICE, JEWEL PLAZA, 1ST FLOOR, MARUTHI VEETHIKA, UDUPI-576101. .…RESPONDENTS (By Sri.RAVISH BENNI, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2023 PASSED IN MVC NO.390/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, CJM, 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.7,00,000/- (Rupees Seven Lakh 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.2,00,000/- is directed to be invested in Fixed Deposit in the name of the appellant/claimant 4 in any Nationalized Bank/Scheduled Bank/Post Office for a period of 2 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.5,00,000/- is ordered to be released in favour of the appellant – claimant, on proper identification. 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 GSR