Punith vs The Manager, New India Assurance ...
2021 Latest Caselaw 6491 Kant

                               1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOK ADALAT

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 18TH DAY OF DECEMBER 2021

                     CONCILIATORS PRESENT:

          THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

                               &

                   SMT. S.SUSHEELA, MEMBER


                    M.F.A.No.6143/2021 (MV)
                   (Lok Adalat No.2833/2021)
BETWEEN:
PUNITH, S/O RAMESHA,
AGED ABOUT 30 YEARS,
KITHIGERE VILLAGE,
K.HOSKOTE HOBLI,
ALUR TALUK,
HASSAN DISTRICT - 573 201.
                                                 ... APPELLANT
(BY SRI. GIRISH B.BALADARE, ADVOCATE)
AND:
1.     THE MANAGER,
       NEW INDIA ASSURANCE CO., LTD.,
       CHANDANA COMPLEX,
       HARSHA MAHAL ROAD,
       HASSAN - 573 201.

2.     CHANDRASHEKARA BASAVALINGAPPA,
       MAJOR
       JAMMANAHALLI VILLAGE,
       SAKALESHPURA TALUK,
       HASSAN DISTRICT - 573 201.
                                               ... RESPONDENTS

(BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R1)

MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT: 06.09.2021 PASSED IN MVC NO.568/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA 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.

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.1,10,000/- (Rupees One Lakh and Ten Thousand only), in addition to what has been awarded by the claims 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.

5. 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

RN