Sri Lakshmipathi N vs Smt Gauri Girish Durwas
2021 Latest Caselaw 6761 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.3509/2019 (MV)
               (Lok Adalat No.3278/2021)


BETWEEN:

    SRI. LAKSHMIPATHI. N,
    S/O NANJUNDAPPA,
    AGED ABOUT 31 YEARS,
    OCCUPATION: STORE IN CHARGER,
    R/AT, NO.340, 1ST FLOOR,
    MARAMMA TEMPLE ROAD,
    VRUSABHAVATHINAGAR,
    BENGALURU
    PIN - 560 079.
    ALSO AT:
    NO.696, 2ND CROSS,
    1ST MAIN ROAD,
    KAMALANAGAR,
    BENGALURU
    PIN - 560 079.

                                           ... APPELLANT

    (BY SRI. H ASHOK KUMAR, ADVOCATE)
                                2

AND:


       1.   SMT. GAURI GIRISH DURWAS,
            W/O GIRISH SURESH DURWAS,
            AGED ABOUT 40 YEARS,
            R/AT NO.A4-B13,
            GOKULAM APARTMENT,
            DODDAKALLASANDRA,
            BANGALORE
            PIN - 560 062.

       2.   THE REGIONAL MANGER,
            M/S NATIONAL INSURANCE CO-LTD,
            NO.144, 2ND FLOOR,
            M.G.ROAD,
            BANGALORE
            PIN - 560 001.

       3.   THE REGIONAL MANAGER,
            THE NEW INDIA ASSURANCE CO-LTD,
            NO.9, 2ND FLOOR,
            MAHALAKSHMI CHAMBERS,
            M.G.ROAD,
            BENGALURU
            PIN - 560 001.
                                               ... RESPONDENTS

(BY SMT. PADMA S UTTUR, ADVOCATE FOR R3)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01/01/2019, PASSED IN MVC NO.1766/2017, ON THE FILE OF THE XVI ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-14), 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 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.50,000/- (Rupees Fifty 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