Shivanna T @ Shivu T vs M/S Ola Fleet Technology Pvt Ltd
2021 Latest Caselaw 6698 Kant

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     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.5383/2019 (MV)
                   (Lok Adalat No.2911/2021)
BETWEEN:

SHIVANNA.T @ SHIVU.T
S/O. THIPPESWAMY
AGED ABOUT 31 YEARS
R/AT: D.NO.36/1
2ND CROSS ROAD
BEHIND GOVT. HIGH SCHOOL
NELAGADARAHALLI
NAGASANDRA POST
BENGALURU - 560 073.
                                               ... APPELLANT
(BY SRI. HAVERI S. S., ADVOCATE)
AND:


1.     M/S. OLA FLEET TECHNOLOGY PVT. LTD.
       BY ITS MANAGER
       NO.1870, 1ST STAGE
       6TH BLOCK, NAGAVARA
       HENNUR BANASAWADI ROAD
       H.B.R. LAYOUT
       BENGALURU 560095
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      ALSO MAY BE SERVED AT:
      NO.3-4/5, VENKATA REDDY LAYOUT
      80 FEET ROAD, KORAMANGALA
      BENGALURU - 560 095.

2.    M/S. BAJAJ ALLIANZ GENERAL INS. CO. LTD.
      REPTD. BY ITS MANAGER
      GOLDEN HIGHTS, 4TH FLOOR
      NO.1/2, 59TH "C" CROSS
      4TH BLOCK, RAJAJINAGAR
      BENGALURU - 560 010.
                                                     ... RESPONDENTS

(BY SRI.A.N.KRISHNA SWAMY, ADV FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.04.2019 PASSED IN MVC NO. 5490/2018 ON THE FILE OF THE XXI ADDITIONAL SCJ & XIX ACMM, MEMBER, MACT, [SCCH-23], BENGALURU, 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.65,000/- (Rupees Sixty 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