Sri Kishore S N vs Bajaj Allianz General Insurance ...
2021 Latest Caselaw 6683 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.8747/2019 (MV)
                  (Lok Adalat No.2903/2021)


BETWEEN:
SRI KISHORE S.N.
S/O SRI NARAYANA SWAMY,
AGED ABOUT 23 YEARS,
R/AT: NO.61, ADIGONDANAHALLI ROAD,
SOLEPURA, HANDENAHALLI,
BANGALORE. ANEKAL,
KARNATAKA - 562 125
                                              ... APPELLANT
(BY SRI.THIPPESWAMY B.C, ADVOCATE)


AND:
1.     BAJAJ ALLIANZ GENERAL INSURANCE
       COMPANY LIMITED.,
       GOLDEN HEIGHTS, 4TH FLOOR,
       NO.1/2, 59TH CROSS, 4TH BLOCK,
       RAJAJINAGAR,
       BANGALORE - 560 038.

2.     M/S.CARGO WINGS LOGISTICS LTD,
       OLD NO.319, NEW NO.4,
                                    2

      VALLUVARKOTTAM HIGH ROAD,
      NUNGAMBAKKAM,
      CHENNAI - 600 034.
                                                      ... RESPONDENTS

(BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.08.2019 PASSED IN MVC NO.7296/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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.55,000/- (Rupees Fifty 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 RN