Vijay vs Smt. M T Sujatha
2021 Latest Caselaw 6562 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 B. VEERAPPA
                              &
            SRI. M.N. UMASHANKAR, MEMBER

                  M.F.A.No. 5350/2021 (MV)
                  (Lok Adalat No. 2667/2021)

  BETWEEN

  VIJAY
  S/O SANNATHIMMANNA,
  NOW AGED ABOUT 27 YEARS,
  R/AT BIDARAKERE VILLAGE,
  HIRIYUR TALUK,
  CHITRADURGA DISTRICT-577 599.                ...APPELLANT

              (By Sri. : N.R. RANGE GOWDA, ADVOCATE)
  AND

  1.     SMT. M.T. SUJATHA
         W/O M.V. THIPPESWAMY,
         AGED MAJOR, R/O SREE
         THIPPESWAMY TRANSPORT,
         V.P. EXTENSION, 1ST CROSS,
         CHITRADURGA - 577 599.

  2.     THE BRANCH MANAGER,
         ORIENTAL INSURANCE CO. LTD.,
         BRANCH OFFICE, 1ST FLOOR,
                                     2

            SRI SHARADA COMPLEX,
            OPP. KSRTC BUS STAND, P.B. ROAD,
            CHITRADURGA - 577 501.

      3.    THIPPESWAMY S.
            S/O SAMMA THIMMANNA,
            AGED MAJOR,
            R/O BIDARAKERE
            VILLAGE, HIRIYUR TALUK,
            CHITRADURGA DISTRICT-577 599.

      4.    THE DIVISIONAL MANAGER,
            THE NATIONAL INSURANCE CO. LTD.,
            DIVISIONAL OFFICE,
            OPP. DENTAL COLLEGE, 2ND FLOOR,
            MCC 'B' BLOCK,
            DAVANAGERE - 577 001.                       RESPONDENTS

(By Sri. : JANARDHAN REDDY, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2021 PASSED IN MVC NO.768/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDL. MACT, HIRIYUR, 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. 65,000/- (Rupees Sixty Five 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. 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 and Award of the Tribunal shall stand modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

Rbv