Virupakashappa @ N R ... vs M/S Jmc Project Limtied
2021 Latest Caselaw 6727 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. 7413/2019 (MV)
                   (Lok Adalat No. 3055/2021)
BETWEEN:


VIRUPAKASHAPPA @ N.R.VIRUPAKSHAPPA
S/O REVANASIDDAPPA,
AGED ABOUT 56 YRS,
OCC: PRESENTLY NIL,
R/O HEBBALARA BADA,
BADA VILLAGE,
DAVANGERE TQ & DIST.,
                                                  ... APPELLANT
(BY SMT. SARITHA KULKARNI, ADVOCATE)


AND:


1.     M/S JMC PROJECT LIMTIED,
       NO.43, RAMAKRISHNA COLONY, KHARGONE CITY,
       HO KHARGONE, MADYA PRADESH - 451 001.

2.     THE MANAGER,
       BAJAJ ALLIANZ INSURANCE CO. LTD.,
       GOLDEN HEIGHTS, 4TH FLOOR,
       NO.1&2, 59TH CROSS, 4TH MAIN BLOCK,
       RAJAJI NAGAR, BANGALORE-
                                                ... RESPONDENTS

(BY SRI. B.PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.03.2019 PASSED IN MVC NO.310/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, 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.7,20,000/- (Rupees Seven Lakhs and Twenty 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.5,00,000/- is directed to be invested in

Fixed Deposit in the name of the appellant/claimant in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellant/claimant to withdraw interest periodically.

The remaining amount of Rs.2,20,000/- is ordered to 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

RN