Nazia vs P Rajan
2021 Latest Caselaw 6670 Kant

                              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.4073/2020 (MV)
                  (Lok Adalat No.2909/2021)


BETWEEN:

NAZIA,
D/O ANWAR
AGED ABOUT 28 YEARS,
R/AT NO.21,
1ST MAIN, C CROSS,
NEAR 58TH BUS STOP,
BYATARAYANAPURA,
BENGALURU - 560 026
                                              ... APPELLANT
(BY SRI.VISHWANATHA K, ADVOCATE)


AND:


1.     P. RAJAN, MAJOR,
       S/O MARI, NO.27,
       RUDRAPPA GARDEN,
       VIVEKNAGAR,
       BANGALORE - 560 046
                                    2


2.    BAJAJ ALLIANZ GENERAL
      INSURANCE COMPANY LTD.,
      NO.105-A TO 107-A.
      NO.136, 1ST FLOOR,
      CEARS PLAZA, RESIDENCY
      ROAD, BENGALURU - 560 025
                                                ... RESPONDENTS

(BY SRI.B PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.01.2020 PASSED IN MVC NO.1291/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), 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.80,000/- (Rupees Eighty 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