Sri. Hemanth Kumar vs Bajaj Ballianz General Insurance ...
2021 Latest Caselaw 6696 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.5247/2020(MV)
                   (Lok Adalat No.2893/2021)


BETWEEN:
SRI. HEMANTH KUMAR
AGED ABOUT 22 YEARS,
S/O JAIPRAKASH
RESIDING AT:
JANATHA COLONY
HAROHALLI TOWN
KANAKAPURA TALUK
RAMANAGARA DISTRICT
PIN -
                                               ... APPELLANT
(BY SRI.GIRIMALLAIAH, ADVOCATE)


AND:
1.     BAJAJ BALLIANZ GENERAL
       INSURANCE CO., LTD.,
       GOLDEN HIGHTS, 4TH FLOOR
       NO.1/2, 59TH 'C' CROSS
       4TH 'M' BLOCK, RAJAJINAGAR
       BENGALURU - 560 019
       BY ITS MANAGER
                                    2


2.    SRI. RAJAPPA .V
      S/O VEERAPPA
      MAJOR
      (AGE NOT KNOWN TO
      THE APPELLANT)
      NO.3/78, BYRAGONDPALLI
      C.R.PALAYAM, SALIVARAM
      KRISHNAGIRI, DENKANIKOTTA
      TAMIL NADU - 635 107
                                                     ... RESPONDENTS

(BY SRI.JAGADISH P S, ADVOCATE FOR R1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.02.2020 PASSED IN MVC NO. 2928/2018 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, BENGALRU, 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.1,60,000/- (Rupees One Lakh and Sixty 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