Bharath H S vs Naveen K V
2021 Latest Caselaw 6669 Kant

Citation : 2021 Latest Caselaw 6669 Kant
Judgement Date : 18 December, 2021

Karnataka High Court

Bharath H S vs Naveen K V 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 P.S.DINESH KUMAR

                               &

                    SMT. S.SUSHEELA, MEMBER


                     M.F.A.No.1332/2021 (MV)
                    (Lok Adalat No.2572/2021)


BETWEEN:
BHARATH H S
S/O SHANKAR H S,
AGED ABOUT 24 YEARS,
HULIVANA VILLAGE,
KERGODU HOBLI,
MANDAYA TALUK,
MANDYA DISTRICT,
PRESENTLY RESIDING AT
BEHIND SIDDARTHA SCHOOL,
3RD STAGE,
VIJAYANAGAR EXTENSION,
HASSAN - 573 201.
                                                ... APPELLANT


(BY SRI. GIRISH B BALADARE, ADVOCATE)


AND:
       1.    NAVEEN K V,
             S/O VEERAPPA K H,
             AGED ABOUT 26 YEARS,
                                    2

            # 316 KEELARA VILLAGE,
            KEREGODU HOBLI,
            MANDYA TALUK AND DISTRIC - 571 401.

      2.    THE MANAGER
            NEW INDIA ASSURANCE CO LTD.,
            CHANDANA COMPLEX,
            HARSHAMAHAL ROAD,
            HASSAN DISTRICT - 572 301.
                                                      ... RESPONDENTS

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

MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:04.11.2019 PASSED IN MVC NO.1767/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, 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.70,000/- (Rupees Seventy 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