Louis Francis D Silva vs Mr Pradeep Shetty
2021 Latest Caselaw 6608 Kant

   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. 5343/2020 (MV)
                   (Lok Adalat No. 2653/2021)

BETWEEN:

       LOUIS FRANCIS D' SILVA (57 YEARS)
       S/O LATE LAWRENCE D SILVA
       AGED ABOUT 60 YEARS
       R/AT CHURCH ROAD,
       TRASI VILLAGE
       KUNDAPURA TALUK
       UDUPI DISTRICT
                                                    ... APPELLANT

(BY SRI. SANDESH SHETTY T, AND PRASHANTH.D , ADVOCATES)
AND:
       1. MR PRADEEP SHETTY
          28 YEARS
          S/O LATE CHANDRASHEKAR SHETTY
           AGED ABOUT 31 YEARS
           R/AT HOSAMANE HEROOR VILLAGE
           KUNDAPURA TLAUK, UDUPI DISTRICT

       2. THE ORIENTAL INSURANCE CO LTD
          BRANCH HEBRI
                                             ... RESPONDENTS

(BY SRI. A.R. LAKSHMINARAYANA, ADV., FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.7.2020 PASSED IN MVC NO.116/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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 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