Sri Srikanta vs The Manager The Oriental ...
2021 Latest Caselaw 6568 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.455/2021 (MV)
                  (Lok Adalat No.3490/2021)
BETWEEN:

       SRI SRIKANTA
       S/O LATE MARIGOWDA
       AGED ABOUT 47 YEARS
       R/O ARAKERE VILLAGE
       AND HOBLI
       SRIRANGAPATNA TALUK
       MANDYA DISTRICT-571 438.
                                                ... APPELLANT
           (BY SRI. VIJAY KUMAR T, ADVOCATE)


AND:
  1. THE MANAGER
     THE ORIENTAL INSURANCE CO LTD
     NO.2903 1ST MAIN, 1ST FLOOR SARASWATHIPURAM
     MYSURU CITY-570009
     NOW REP BY THE MANAGER
     THE ORIENTAL INSURANCE CO LTD
     REGIONAL OFFICE NO.44/45, 4TH FLOOR
     LEO SHOPPING COMPLEX
     RESIDENCY ROAD CROSS
     BENGALURU-560025
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     2. SRI MAHADEVASWAMY H M
        S/O MAHADEVAPPA
        AGED ABOUT 37 YEARS,
        R/O HALAVARA VILLAGE
        SOSALE HOBLI
        T NARASIPURA TALUK
        MYSURU DISTRICT-571124.
                                                      ... RESPONDENTS

(BY SRI. JANARDHAN REDDY., ADVOCATE FOR R-1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2020 PASSED IN MVC NO. 1304/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT SRIRANGAPATNA, 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.1,50,000/- (Rupees One Lakh Fifty 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