Sri. Abidulla Khan vs Gavirangaiah
2021 Latest Caselaw 6548 Kant

     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 MRS. JUSTICE S.SUJATHA

                               &

             SMT. MANJULA N TEJASWI, MEMBER

                 M.F.A.No.2009/2021 (MV)
                (Lok Adalat No. 3050/2021)

BETWEEN:

1 . SRI. ABIDULLA KHAN
    S/O LATE AFEEZ ULLA KHAN
    AGED ABOUT 32 YEARS
    ZARI WORKER
    R/O G.H. RISALA VILLAGE
    HEBBUR HOBLI
    TUMAKURU TALUK
    TUMAKURU DISTRICT

                                              ... APPELLANT

(BY SRI. SATHISHA T, ADVOCATE)
AND:

1.     GAVIRANGAIAH
       S/O GANGARAJU
       AGED ABOUT 54 YEARS
       R/O NARUGANAHALLI VILLAGE
       GULUR HOBLI
       TUMAKURU TALUK - 572 118
                               2




2.   SRI SURESH M
     AGED ABOUT 27 YEARS
     R/O 103, NARUGANAHALLI VILLAGE
     NARUGANAHALLI POST
     GULUR HOBLI
     TUMAKURU TALUK - 572 118
3.   M/S SHREERAM GENERAL INSURANCE CO LTD.
     E-8, APIP
     SEETHAPURA INDUSTRIAL AREA
     JAIPURA RAJASTAN - 302022
     BRANCH OFFICE
     NO.302, 3RD FLOOR
     SANDASA CORNER COMPLEX
     FLAT NO.48,
     HOSPITAL I ROAD
     SHIVAGINAGAR
     BANGALORE - 560 001

     NOW REPRESENTED BY
     M/S SHREERAM GENERAL INSURANCE COMPANY LTD.,
     NO.8/5 2ND FLOOR
     MUNIRSH CHAMBERR
     INFANTRY ROAD
     BENGALURU - 560 001
                                             ... RESPONDENTS

(BY SRI. B.C.SHIVANNE GOWDA ADV., FOR R-3)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.10.2019 PASSED IN MVC NO.1166/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, 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.1,60,000/- (Rupees One Lakh Sixty 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

VS