D Kumarvel vs The Oriental Insurance Company ...
2021 Latest Caselaw 6665 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. 1559/2021 (MV)
                  (Lok Adalat No. 3205/2021)

BETWEEN:

       D KUMARVEL
       S/O DORESWAMY NAIDU
       AGED ABOUT 40 YEARS,
       R/AT NO.37 F BLOCK
       CHAMUNDINAGAR BSK 3RD STAGE
       HOSKEREHALLI, BENGALURU-560085
                                                  ... APPELLANT

           (BY SRI. K.SHANTHARAJ, ADVOCATE)
AND:
       1. THE ORIENTAL INSURANCE COMPANY LTD.,
          BY ITS REGIONAL MANAGER
          REGIONAL OFFICE LEO SHOPPING COMPLEX
          'RESIDENCY ROAD CROSS M G ROAD,
          BENGALURU-560 001

       2. M/S SREE SURYA PETROLEUM
          PROP K M JAYARAM
          NO.116/1 42ND CROSS 2ND MAIN
          8TH BLOCK JAYANAGAR, BENGALURU-560082

                                               ... 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 27.03.2019 PASSED IN MVC NO.7046/2016 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND XXXII ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU 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