Mr. Karunyanidhi. K.R vs Mr. K. Deepakraj Shetty
2021 Latest Caselaw 6535 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.2478/2021 (MV)
                   (Lok Adalat No.3106/2021)


BETWEEN:

MR. KARUNYANIDHI K.R
@ R. KARUNYANIDHI
S/O. RAMAKRISHNA SHARMA
@ S. RAMAKRISHNA,
AGED ABOUT 29 YEARS,
RESIDING AT 19-16/3,
DAYA, CHELAIRU ROAD,
SHRINIVASA NAGAR,
MANGALURU TALUK, D.K.DISTRICT- 575007.

                                               ... APPELLANT
(BY SRI. RAVISHANKAR SHASTRY.G, ADVOCATE)
AND:


1.     MR. K. DEEPAKRAJ SHETTY
       S/O. K.GOPALKRISHNA SHETTY,
       ADULT,
       RESIDING AT VIJAYA VAHINI NIVAS,
                                  2

     KOTTARA CHOWKI
     MANGALORE TALUK, D.K.DISTRICT- 575006.

2.   THE DIVISIONAL MANAGER
     NATIONAL INSURANCE CO. LTD.,
     2ND FLOOR, BHARAT BUILDING,
     P.M. RAO ROAD,
     HAMPANAKATTA, MANGALURU TALUK,
     D.K. DISTRICT- 575001.

                                                   ... RESPONDENTS

(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.06.2020 PASSED IN MVC NO.793/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, MANGALURU, D.K, 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.1,00,000/- (Rupees One 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.50,000/- 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 appellants/claimants to withdraw interest

periodically. The remaining amount of Rs.50,000/- 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