Smt Nagaveni vs Sri Dada Pheer S
2021 Latest Caselaw 6644 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. 4666/2020 (MV)
               (Lok Adalat No. 2693 /2021)

BETWEEN:

      1. SMT NAGAVENI
         D/O KENCHAPPA
         AGED ABOUT 28 YEARS
         R/AT HODIGERE VILLAGE
         CHANNAGIRI TALUK
         DAVANAGERE DISTRICT-577215

      2. SRI GOVINDRAJU K
         S/O GADRI KENCHAPPA
         AGED ABOUT 26 YEARS
         R/AT HODIGERE VILLAGE
         CHANNAGIRI TALUK
         DAVANAGERE DISTRICT-577215

      3. SRI MADHU K
         S/O GADRI KENCHAPPA
         AGED ABOUT 25 YEARS
         R/AT HODIGERE VILLAGE
         CHANNAGIRI TALUK
         DAVANAGERE DISTRICT-577215
                                              ... APPELLANTS
    (BY SRI. D.R.BASAVARAJAPPA AND B.RASHMI ADVOCATES)
                                 2




AND:
         1. SRI DADA PHEER. S
            AGE 33 YEARS,
            S/O SATTAR SAB
            DRIVER OF THE BUS BEARING
            REG NO. KA-16/B-5497
            R/AT TIPPU NAGAR, 7TH CROSS
            GANDHINAGARA, THIPATUR TALUK
            TUMKUR DISTRICT-572201

         2. SRI FAYAZUDDIN
            S/O M K SIRAZUDDIN
            AGED ABOUT 45 YEARS
            PROPRIETOR AND OWNER OF S.M.ST. BUS
            BEARING REG NO. KA-16/B-5497
            R/AT B.D ROAD
            CHITRADURGA TOWN ALND TALUK
            CHITRADURGA DISTRICT-577501

         3. THE BRANCH MANAGER
            THE ORIENTAL INSURANCE CO.LTD.,
            THILUVALI EXTENSION, 1ST FLOOR
            P.B ROAD, NEAR ARUNA TALKIES
            DAVANAGERE-577002
                                                ... RESPONDENTS

(BY SRI. V.R.DATAR ADV., FOR R-3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.6.2019 PASSED IN MVC NO.882/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHANNAGIRI, 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 Appellants - Claimants 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 appellants/claimants

(being authorized by the appellants/claimants to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellants-claimants have agreed to

receive and the respondent-Insurance Company has agreed to pay a

lump-sum of Rs.6,00,000/- (Rupees Six lakhs 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 apportionment, deposit and release of the enhanced

compensation amount shall be made in terms of the Judgment and

Award passed by the Claims Tribunal.

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