Sri Neehar Musunuru vs Sri David Winston Churchil M
2021 Latest Caselaw 6716 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 G.NARENDAR

                             &

            SRI. VIJAYKUMAR A. PATIL, MEMBER


                 M.F.A.No.4631/2020 (MV)
                (Lok Adalat No.2458/2021)


BETWEEN:

SRI. NEEHAR MUSUNURU
S/O. SUBBA RAO,
AGED ABOUT 29 YEARS,
R/AT NO.60-16-4/1,
YARLLAGADDA SUBBARAO STREET,
SIDDARTHA NAGAR, MOGALRAJPURAM,
VIJAYWADA (URBAN)
VENKATESHWARA PURAM,
KRISHNA, ANDHRA PRADESH.

NOW RESIDING AT NO.52,
2ND CROSS, DOCTORS LAYOUT,
NEAR TO RELIANCE FRESH,
WHITEFIELD, BENGALURU-66.

                                               ... APPELLANT

(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)
                                   2

AND:


1.     SRI. DAVID WINSTON CHURCHIL.M
       S/O. DAVID MARSHALL,
       NO.13/74, NORTH STREET,
       NEYYOOR POST,
       KANYAKUMARI,
       TAMIL NADU-629 802.

2.     THE REGIONAL MANAGER,
       M/S. NATIONAL INSURANCE CO. LTD.,
       3RD PARTY HUB,
       SHUBRAM COMPLEX,
       M.G.ROAD, BENGALURU-01.

                                                  ... RESPONDENTS

(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:20.02.2020, PASSED IN MVC NO.307/2018, ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-16), 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. 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.1,15,000/- (Rupees One Lakh and Fifteen Thousand only),

in addition to what has been awarded by the 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 and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

PK