Subramanya T vs The Branch Manager
2021 Latest Caselaw 6625 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 MRS. JUSTICE S. SUJATHA

                              &

               SMT MANJULA N TEJASWI, MEMBER


                   M.F.A.No.4789/2020 (MV)
                  (Lok Adalat No.2695/2021 )


BETWEEN:

       SUBRAMANYA T
       S/O THIPPESWAMY
       AGED ABOUT 31 YEARS
       HOTEL WORK
       R/AT BIDAREKERE VILLAGE
       HIRIYUR TALUK
       CHITRADURGA DISTRICT 577598
                                               ... APPELLANT
           (BY SRI. VIJAY KUMAR T, ADVOCATE)
AND:


       1. THE BRANCH MANAGER
          ORIENTAL INSURANCE CO. LTD.,
          SHARADA COMPLEX
          KSRTC BUS OPP. B.D. ROAD,
          CHITRADURGA TOWN
          NOW REP BY THE MANAGER
          THE ORIENTAL INSURNACE CO LTD
                                    2

         REGIONAL OFFICE
         NO.44/45, 4TH FLOOR
         LEO SHOPPING COMPLEX
         RESIDENCY ROAD CROSS
         BENGALURU 560025

      2. R. DHANANJAYA
         S/O RAMANNA
         AGED ABOUT 42 YEARS
         R/O BIDAREKERE VILLAGE
         HIRIYUR TALUK
         CHITRADURGA DISTRICT 577598
                                                      ... RESPONDENTS

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

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2018 PASSED IN MVC NO.879/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL 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.1,95,000/- (Rupees One Lakh Ninety 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.45,000/- is directed to be invested in

Fixed Deposit in the name of the appellant/claimant in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellant/claimant to withdraw interest periodically.

The remaining amount of Rs.1,50,000/- is ordered to 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

VS