B K Rajani vs B G Srinath
2021 Latest Caselaw 6709 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.1668/2021 (MV)
                  (Lok Adalat No.2834/2021)


BETWEEN:
B K RAJANI, W/O MOORTHY,
AGED ABOUT 27 YEARS,
BOMMENAHALLI VILLAGE,
SHANKA POST,
SALAGAME HOBLI,
HASSAN TQ AND DISTRICT - 573201.
                                              ... APPELLANT


(BY SRI. GIRISH B BALADARE, ADVOCATE)


AND:
1.     B G SRINATH,
       S/O GOPALGOWDA,
       BRUDAVAN ESTATE, NIDUVALE POST,
       MUDIGERE TALUK,
       CHIKKAMAGALUR DISTRICT - 577 101.

2.     NEW INDIA ASSURANCE COMPANY LIMITED
       MUIDGERE, M.O NRUTHYASHREE COMPLEX,
                                    2

      M G ROAD,
      MUDIGERE,
      CHIKKMAGALUR TALUK AND DISTRICT - 577 101.

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

(BY SRI.G.S.MARULAIAH, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 08.01.2020 PASSED IN MVC NO.1716/2017 ON THE FILE OF THE MEMBER, ADDITIONAL MACT, SENIOR CIVIL JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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

RN