Dasaiah vs Saleem Pasha M
2021 Latest Caselaw 6673 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.1216/2021 (MV)
                    (Lok Adalat No.2830/2021)

BETWEEN:
    1.   DASAIAH, S/O LATE RANGAIAH,
         AGED ABOUT 45 YEARS,
         KABBINAMANE,
         CHIKKAMEDUR,
         BELUR TALUK,
         HASSAN DISTRICT

             PRESENTLY R/O,
             VIJAYANAGARA EXTENSION,
             NEAR WATER TANK,
             BELUR ROAD
             HASSAN - 573 201.
                                                     ... APPELLANT
             (BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
       1.    SALEEM PASHA M
             S/O MADAR SAHEB, MAJOR
             APPARANDA EXTENSION,
             2ND BLOCK,
             SUNTIKOPPA, ULUGULI,
             KODAGU DISTRICT - 572 35.
                                    2


      2.    THE NEW INDIA ASSURANCE
            CO LTD., MADIKERE,
            BRANCH 1ST FLOOR,
            SHRI LAKSHMI COMPLEX,
            NEAR SBI MAIN BRANCH, COLLEGE ROAD,
            MADEKERI - 571 201.

            REPRESENTED BY
            THE MANAGER
            THE NEW INDIA
            ASSURANCE COMPANY LTD,
            CHANDANA COMPLEX,
            HARSHAMAHAL,
            HASSAN - 573 201.
                                              ... RESPONDENTS

(BY SRI.S.V.SUDHAKAR REDDY, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.02.2020 PASSED IN MVC NO.1957/2017 ON THE FILE OF THE C/C OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, 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.40,000/- (Rupees Forty 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