Gangadharaswamy H S vs Ayesha Karim
2021 Latest Caselaw 6528 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.3660/2021 (MV)
                   (Lok Adalat No.2542/2021)

BETWEEN:
GANGADHARASWAMY H.S.
S/O. SHIVALINGADEVARU,
AGED ABOUT 48 YEARS,
R/A. HOREYALA,
GUNDLUPETE TALUK,
CHAMARAJANAGARA DISTRICT
PIN - 571 111.

NOW R/A. C/O. PRASAD,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT
PIN - 571 405.
                                               ... APPELLANT
(BY SRI. SANATH KUMARA K M, ADVOCATE)


AND:
1.     AYESHA KARIM,
       MAJOR,
       S/O. ABDUL KARIM,
       R/A. NO.192/2,
       4TH MAIN, 4TH CROSS,
                                    2

      BANNIMANTAP A-LAYOUT,
      MYSORE

2.    THE DIVISIONAL MANAGER,
      THE NEW INDIA ASSURANCE COMPANY LIMITED,
      JLB ROAD, CHAMUNDIPURAM,
      MYSORE
      MYCRO OFFICE: 1310/1249,
      MAIN ROAD,
      NEAR SBM BANK,
      SRIRANGAPATNA TOWN
      PIN; 571 405.
                                               ... RESPONDENTS

(BY SRI. G.S.MARULAIAH, ADVOCATE FOR R2)

MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:02.12.2020 PASSED IN MVC NO.1825/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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.20,000/- (Rupees Twenty 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