Sri K S Basavaraj vs Karibasappa B P
2021 Latest Caselaw 6523 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 G.NARENDAR

                              &

              SRI. VIJAYKUMAR A. PATIL, MEMBER


                   M.F.A.No.4559/2021 (MV)
                  (Lok Adalat No.2801/2021)


BETWEEN:

SRI. K.S. BASAVARAJ
S/O. SIDDAPPA,
AGE: 43 YEARS,
OCC: AGRICULTURE,
NOW R/O. SHYAGALE VILLAGE,
TQ: DAVANAGERE,
PERMANENT R/O. SANGAHALLI VILLAGE,
DIST: DAVANAGERE - 577005.
                                              ... APPELLANT

(BY SRI. HOSAMANI CHANDRASHEKAR MALLAPPA, ADVOCATE)


AND:


1.     SRI. KARIBASAPPA B.P
       S/O. BYDAGI PUTTAPPA
       AGE: 47 YEARS,
                               2

     OCC: DRIVER,
     R/O. YALLAMMA NAGAR, LOKIKERE,
     TQ & DIST: DAVANAGERE -577001
     (DRIVER OF GOODS AUTO BEARING
     REG NO.KA-17/A-2171).

2.   SRI. SURESHA
     S/O. NINGAPPA
     AGE: 43 YEARS
     OCC: BUSINESS
     R/O. KANAGONDANAHALLI VILLAGE,
     TQ & DIST: DAVANAGERE- 577201
     (OWNER OF GOODS AUTO BEARING
     REG NO.KA-17/A-2171).

3.   THE DIVISIONAL MANAGER
     NATIONAL INSURANCE CO. LTD.,
     MELAGIRI PLAZA, MCC 'B' BLOCK,
     DENTAL COLLEGE ROAD,
     DAVANAGERE- 577001
     POLICY NO.610300311710013341
     VALID FROM 25.08.2017 TO 24.08.2018.


                                            ... RESPONDENTS

(BY SRI. ASHOK N.PATIL, ADVOCATE FOR R3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.01.2019 PASSED IN MVC NO.107/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI MACT, DAVANAGERE,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. 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.1,50,000/- (Rupees One Lakh and 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 have 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.75,000/- is directed to be invested in

Fixed Deposit in the name of the appellant/claimant in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellant/claimant to withdraw interest periodically.

The remaining amount of Rs.75,000/- 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

PK