Akash vs Nagaraju B
2021 Latest Caselaw 6658 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. 4445/2020 (MV)
                (Lok Adalat No.2879/2021)

BETWEEN:

1.   AKASH
     S/O SHANTHAKUMAR
     AGED ABOUT 12 YEAWRS
     MINOR
     R/P BY HIS NATURAL FATHER GUARDIAN
     SHANTHAKUMAR S/O LINGANAYAKA
     AGED ABOUT 37 YEARS
     R/AT NAYAKA STREET AGRAHARA VILLAGE
     YALANDURU TQ,
     CHAMARAJANAGARA DISTRICT
     NOW R/AT NAGA NAYAKA
     2ND CROSS RANGANATHA NAGARA
     SRIRANGAPATNA TQ
     MANDYA DISTIRCT 571438

                                              ... APPELLANT

(BY SRI. SREENIVASAN M Y, ADVOCATE)
                              2




AND:

1.   NAGARAJU B
     S/O BASAVARAJU M
     MAJOR
     R/AT NO. 205,
     MAHADESWARA COLONY,
     AIYYANAPURA VILLAGE
     NAGAVALLII POST
     CHAMARAJANAGAR TQ AND DIST 571441
2.   THE BRANCH MANAGER
     SHRIRAM GENERAL INSURANCE CO LTD.,
     NO.55, 2ND FLOOR,
     MONARCH CHAMBER
     INFANTRY ROAD, BANGALORE 560001
                                            ... RESPONDENTS

(BY SRI. B.C.SHIVANNE GOWDA ADVOCATE FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.11.2019 PASSED IN MVC NO.336/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATANA, 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.1,20,000/- (Rupees One Lakh Twenty 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