Doddaiah C H vs Thirthesha M S
2021 Latest Caselaw 6566 Kant

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     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.5275/2021(MV )
                   (Lok Adalat No.2672/2021)
BETWEEN:

       DODDAIAH C. H.
       S/O HANUMANTHAPPA,
       AGED ABOUT 57 YEARS,
       CHIKKANGALA VILLAGE,
       KADUR TALUK,
       CHIKKAMGALURU DISTRICT-577548
                                                ... APPELLANT
(BY SRI. PRAKASHA H. C., ADVOCATE)


AND:
1.     THIRTHESHA M. S.
       S/O SAGUNAIAHA MAJOR,
       R/O MARLE VILLAGE AT POST,
       CHIKKAMAGALURU TALUK.
       DRIVER OF MAHINDRA BOLERO

2.     MANJUNATHA D.
       S/O DHARANI SHETTY,
       AGED ABOUT 45 YEARS,
       R/O PUHSPA CUT SIZE, U B ROAD,
                                    2

      KADUR TALUK,
      CHIKKAMAGALUR DISTRICT,
      PIN CODE - 577 548.
      RC OWNER OF MAHINDRA BOLERO

3.    THE BRANCH MANAGER,
      THE ORIENTAL INSURANCE CO. LTD.,
      KIRAN COMPLEX,
      BELOW IOB,
      UB ROAD, KADUR ,
      CHIKKAMAGALURU DISTRICT - 577 548.
                                                  ... RESPONDENTS

(BY SRI. JANARDHAN REDDY ADV., FOR R-3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2020 PASSED IN MVC NO. 229/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALURU DISTRICT, 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.85,000/- (Rupees Eighty Five 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