Ningaraju vs M/S M K Agro Tech Pvt Ltd
2021 Latest Caselaw 6607 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. 1338/2021 (MV)
                 (Lok Adalat No. 2433/2021)
  BETWEEN

  NINGARAJU S/O DHARMAIAH,
  AGED ABOUT 29 YEARS,
  BOODANAHALLI VILLAGE,
  PALYA HOBLI, ALUR TALUK,
  HASSAN DISTRICT-573 201.                     ...APPELLANT

             (By Sri. : GIRISH B. BALADARE, ADVOCATE)
  AND

  1.     M/S. M.K. AGRO TECH PVT. LTD.,
         NO.389, CAUVERY LAYOUT,
         M.B. ROAD, NEAR SRIRANGAPATTANA
         HEAD POST OFFICE,
         MANDYA DISTRICT-571 438.

  2.     THE MANAGER,
         SBI GENERAL INSURANCE,
         GROUND FLOOR, RUKMINI TOWER,
         3/1, PLAT FROM ROAD, RAILWAY
         APPROACH ROAD, SHESHADRIPURAM,
         BENGALURU-560 026.
                                       2


      3.    B.M. PARAMESHA S/O LATE MOGAPPAGOWDA,
            BELLURU VILLAGE, PALYA HOBLI,
            ALUR TALUK, HASSAN DISTRICT-573 201.

      4.    THE BRANCH MANAGER,
            ORIENTAL INSURANCE COMPANY LTD.,
            DIVISION OFFICE, S.S. COMPLEX,
            SUBHASH SQUARE, HASSAN,
            HASSAN DISTRICT-573 201.                        RESPONDENTS

(By Sri. B. PRADEEP, ADVOCATE FOR R-2)

MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 06.12.2019 PASSED IN MVC NO.349/2016 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, HASSAN, 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. 1,10,000/- (Rupees One Lakh Ten 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