Avinash S vs Nagaraju
2021 Latest Caselaw 6725 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. 4487/2020 (MV)
                   (Lok Adalat No. 2569/2021)
BETWEEN:


       AVINASH S S/O SHIVANNA,
       AGED ABOUT 29 YEARS,
       R/O NO.3960, CHANAL ROAD,
       SRIRAMPURA, NANJANGUD,
       MYSURU DISTRICT - 570 038.
                                                 ... APPELLANT
       (BY SRI. SREENIVASAN M Y, ADVOCATE)
AND:


       1.    NAGARAJU S/O NANJAIAH,
             MAJOR, R/AT 139,
             SINDHUVALLIPURA VILLAGE,
             NANJANAGUD TQ,
             MYSURU DISTRICT - 570 034.

       2.    THE DIVISIONAL MANAGER,
             NEW INDIA ASSURANCE CO LTD.,
             D O NO.1, CHAMUNDIPURAM,
             J L B ROAD, MYSURU - 570 028.
                                               ... RESPONDENTS

(BY SRI. S.V.SUDHAKAR REDDY, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.12.2019 PASSED IN MVC NO. 1075/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING 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.80,000/- (Rupees Eighty 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