Rudresh R vs National Insruance Co Ltd
2021 Latest Caselaw 6741 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.4979/2019 (MV)
                  (Lok Adalat No.2788/2021)


BETWEEN:

RUDRESH.R
S/O. RAGHU.R
AGED ABOUT 26 YEARS,
R/O. # 921/30, BRUNDAVANA ROAD,
10TH CROSS, LABOUR COLONY,
DAVANGERE- 577002.

                                                ... APPELLANT
(BY SRI. SREE HASHA A.K, ADVOCATE)


AND:

1.     NATIONAL INSURANCE COMPANY LTD.,
       REP BY ITS MANAGER,
       POLICY ISSUING OFFICE BELLARY,
       REP BY THROUGH ITS
       DIVISIONAL MANAGER, DIVISIONAL OFFICE,
       NATIONAL INS. CO. LTD.,
                                 2

     SHIVANARADAMUNI PLAZA, DENTAL COLLEGE ROAD,
     DAVANGERE - 577002.

2.   RELIANCE GEN INS COM. LTD.,
     REP BY ITS MANAGER,
     1ST FLOOR, MAGANUR COMMERCIAL COMPLEX,
     NEAR KSRTC BUS STAND,
     B.D.ROAD
     CHITRADURGA - 577001.

3.   KARIBASAPPA
     S/O. CHINNAPPA,
     AGED ABOUT 45 YEARS,
     DRIVER OF TRUCK BEARING
     REG.NO.KA-35/B-6133
     R/O. SASALUVADA VILLAGE,
     KUDLIGI TALUK
     BELLARY DISTRICT.

4.   SMT. R. PAVITHRA
     W/O. GAVIRAJA
     D/O. RAMPURADA THIPPESWAMY,
     AGED ABOUT 32 YEARS,
     OWNER OF TRUCK BEARING
     REG. NO.KA-35/B-6133
     R/O. M/S. PAVITRA PETROLEUM (BPCL)
     CHORNUR POST, SANDUR TALUK,
     BELLARY DISTRICT.

5.   MR.S ASHA.M
     W/O. MANJAPPA
     D/O. MURUGENDRAPPA.K
     AGED ABOUT 30 YEARS,
     OWNER OF AMBULANCE BEARING
     REG.NO.KA-25/C-5698,
     R/O.250/B, SHEKHARAPPA NAGAR, 'B' BLOCK,
     DAVANGERE- 577002.

                                             ... RESPONDENTS

(BY SRI. L.SREEKANTA RAO, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.11.2018 PASSED IN MVC NO.924/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI MACT, 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.1,40,000/- (Rupees One Lakh and Forty 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