Yaseen Ahammed vs Harisha M G
2021 Latest Caselaw 6662 Kant

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     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 P.S.DINESH KUMAR
                               &
                   SMT. S.SUSHEELA, MEMBER

                   M.F.A.No. 4440/2020 (MV)
                  (Lok Adalat No. 2562/2021)

BETWEEN:


YASEEN AHAMMED,
S/O AJEEJ AHAMMED,
AGED ABOUT 20 YEARS,
R/AT E W S O5, 1ST CROSS,
TIPPU CIRCLE, P H COLONY,
BADAMA KHAN,
N R MOHALLA, MYSORE CITY - 570 006.
                                                 ... APPELLANT
(BY SRI. SREENIVASAN M Y, ADVOCATE)


AND:
1.     HARISHA M G S/O GANESHA M D,
       MAJOR, R/AT MAIN ROAD,
       MELAPURA VILLAGE,
       SRIRANGAPATNA TALUK,
       MANDYA DIST - 571 438.

2.     THE MANAGER,
       THE NEW INDIA ASSURANCE CO LTD.,
       P B NO. 315-2951, 11TH FLOOR,
       J L B ROAD, CHAMUNDIPURAM,
       MYSURU - 570 023.
                                               ... RESPONDENTS

(BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.12.2019 PASSED IN MVC NO.1729/2018 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 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.3,50,000/- (Rupees Three Lakhs and Fifty 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

RN