Sri Roy A J vs Sri G G Shivanna
2021 Latest Caselaw 6675 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. 2756/2021 (MV)
                   (Lok Adalat No. 2700/2021)
BETWEEN:

       SRI ROY A J
       S/O JOSE A V, AGED 41 YEARS,
       R/O KATIKOLA, AATHIKAL HOUSE,
       TRISSERY POST,
       WYNAD DISTRICT, KERALA SATE,
       PRESENTLY R/AT KUTTA TOWN
       VIRAJPET TALUK, KODAGU DISTRICT-571218
                                                ... APPELLANT

       (BY SRI. SACHIN B S, ADVOCATE)
AND:
         1 . SRI G G SHIVANNA
            S/O GANESH
            AGED 33 YEAS,
            DRIVER BY PROFESSION GADDEHAADI, NAGARAHOLE
            VIRAJPET TALUK, S KODAGE-571250

         2 .SRI P E KALAIAH
            C/O MR J K THIMMA S/O MR KENCHA NAGARAHOLE
            VILLAGE AND POST
            VIRAJPET TALUK S KODAGU-571250
                                    2




         3 .THE ORIENTAL INSURANCE COMPANY LTD.,
            BRANCH OFFICE BADSHAH BUILDING,
            NEAR CLOCK TOWER
            VIRAJPET S KODAGU-571218
            POL NO.422804/31/2013/6092 DATED 03-11-2012
            TO 02-11-2013

         4 .HERO CORPORATE SERVICE LTD
            BY MANAGER NATIONAL INS CO LTD
            M/S MANNAS BUILDING MAIN ROAD,
            VIRAJPET S KODAGU-571218
                                                     ... RESPONDENTS

(BY SRI. ASHOK N PATIL ADV., FOR R-3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2020 PASSED IN MVC NO.39/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI, SITTING AT VIRAJAPET, 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.85,000/- (Rupees Eighty Five 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