Ramesha S M vs Sri Fairoz Tilvalli
2021 Latest Caselaw 6739 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 B. VEERAPPA
                            &
             SRI. M.N. UMASHANKAR, MEMBER

                 M.F.A.No. 2525/2019 (MV)
                (Lok Adalat No. 2950/2021)
BETWEEN
RAMESHA S.M.
S/O SHEKARAPPA
AGED ABOUT 22 YEARS
AGRICULTURIST
R/O.KITTADAHATTI VILLAGE
CHITRADURGA TALUK AND DIST
PIN-577501
                                             ... APPELLANT
(BY SRI. B. PRAMOD, ADVOCATE)
AND
1.     SRI. FAIROZ TILVALLI
       S/O ABDHUL VAHID TILVALLI
       AGED MAJOR
       R.C OWNER OF CAR BEARING
       REG.NO.KA-17-N-7492
       RESIDING AT HOUSE NO.201-1,
       MUSLIM GALLI,
       SIRSI TOWN-581 401
                           2

2.   THE BRANCH MANAGER
     THE UNITED INDIA INSURANCE CO. LTD.,
     BRANCH OFFICE DRM HOSPITAL COMPLEX
     HOLALKIERE ROAD
     CHITRADURGA-577 501

3.   NETHRAVATHI
     D/O KATAPPA
     AGED MAJOR
     R.C OWNER OF MAHINDRA MAXI CAB
     BEARING REG.NO.KA-16-B-7868
     RESIDING AT SALAHUNSE GOLLARAHATTI
     VILLAGE, IMANGAL HOBLI,
     HIRIYUR TALUK
     CHITRADURGA DIST-577598

4.   THE BRANCH MANAGER
     THE UNITED INDIA INSURANCE CO. LTD.,
     BRANCH OFFICE DRM HOSPITAL COMPLEX,
     HOLALKERE ROAD
     CHITRADURGA-577 501
                                     ...RESPONDENTS

(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2 AND R4)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.12.2018, PASSED IN MVC NO.163/2018, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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. 1,25,000/- (Rupees One Lakh Twenty Five 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 off 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

NM/-