Y.J. Anil Kumar vs M Musthakheem
2021 Latest Caselaw 6556 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 MRS. JUSTICE S. SUJATHA

                             &

              SMT MANJULA N TEJASWI, MEMBER


                  M.F.A.No.1327/2021 (MV)
                 (Lok Adalat No.3138/2021 )


BETWEEN:

           Y.J. ANIL KUMAR
           S/O LATE YANKAPPA @ YANKAPPA
           JATAGANNVAR
           AGED ABOUT 28 YEARS
           R/O NO.5/140
           IST MAIN, IST CROSS
           RNR RESUDENCY
           SIDDAPURA VILLAGE
           RAMAGONDANAHALLI POST
           BENGALURU EAST TALUK
           BENGALURU-560066
                                               ... APPELLANT


(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)
                           2


AND:


       1. M MUSTHAKHEEM
          MAJOR IN AGE
          S/O MOHAMED YAKOOB
          NO.7-109, 1ST CROSS
          SWARNANAGAR
          ROBERTSONPET
          KGF KOLAR DISTRICT

       2. LEGAL MANAGER M/S BAJAJ ALLIANZ
          GEN, INS. CO. LTD.,
          GOLDEN HEIGHTS
          4TH FLOOR
          NO.1/2, 59TH C CROSS ROAD
          4TH M BLOCK
          59-A CROSS ROAD
          BENGALURU-560010
          (INSURER OF LORRY NO.KA-6-D-8604)

       3. B LOKEKSH
          MAJOR IN AGE
          S/O G N BUCHANNA REDDY
          N.BO.1547, SAI COLONY
          BELATHUR
          KADUGODI POST
          BENGALURU-560067

       4. THE LEGAL MANAGER
          M/S RELIANCE GEN INS CO LTD
          NO.28, 5TH FLOOR
          CENTENARY BUILDING
          M G ROAD, NGALURU
                                         ... RESPONDENTS

(BY SRI. B.PRADEEP ADVOCATE FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 09.01.2020, PASSED IN MVC NO.2017/2018, ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-9), 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.2,60,000/- (Rupees Two Lakh Sixty 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 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.1,00,000/- 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.1,60,000/- 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

VS