Karnataka High Court
B M Raju vs Syed Irfan on 18 December, 2021
Bench: Lok Adalath
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. 2349/2021 (MV)
(Lok Adalat No. 2314/2021)
BETWEEN :
B M RAJU S/O MARISHETTY,
AGED ABOUT 53 YEARS,
S S PURAM 8TH CROSS,
TUMKUR TOWN,
TUMKUR DISTRICT-572101.
PRESENTLY R/AT B M RAJU,
S/O MARISHETTY,
AGED ABOUT 55 YEARS,
ANTARAGHATTA TEMPLE ROAD,
BELUR TOWN, BELUR TALUK,
HASSAN DISTRICT-573201. ...APPELLANT
(BY SRI GIRISH.B. BALADARE, ADVOCATE)
AND :
1. SYED IRFAN, S/O MUSSA SAB,
BANTENAHALLI VILLAGE AND POST,
KASABA HOBLI, BELUR TALUK,
HASSAN DISTRICT-573201.
2
2. IFCO TOKIO GENERAL INSURANCE CO.LTD.,
REGD OFFICE IFFCO SADAN C1 DIST,
CENTER, SSKET, NEW DELHI-110017.
REPRESENTED BY LOCAL BRANCH,
THE REGIONAL MANAGER
IFFCL-TOKIO GENERAL INSURANCE CO.,LTD.,
REGIONAL OFFICE,
SHANTHI TOWER NO
141, EAST NGEF LAYOUT,
KASTURI NAGAR,
BANGALORE-43. ..RESPONDENTS
(BY SRI. E.I.SANMATHI, ADVOCATE FOR R2)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
20.02.2020 PASSED IN MVC NO. 1026/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE, M.A.C.T., BELUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION
BEFORE MEGA LOKADALAT, THE FOLLOWING
CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the appellant - claimant
is present. 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.85,000/- (Rupees Eighty 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
Rbv
