Sri Gunashekara vs The Manager
2022 Latest Caselaw 9649 Kant

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       HIGH COURT LEGAL SERVICES COMMITTEE,
                    BENGALURU
             BEFORE THE LOK ADALAT

         IN THE HIGH COURT OF KARNATAKA AT
                     BENGALURU
     DATED THIS THE 14TH DAY OF SEPTEMBER, 2019

                  CONCILIATORS PRESENT:

 THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                               &
               DR.S.V.GIRIKUMAR, MEMBER

                   M.F.A.No.6627/2018 (MV)
                   (Lok Adalat No.2684/2011)

BETWEEN:
Sri Gunashekara,
S/o late Ayya Kannan
Aged about 47 years
Estate Labour
R/o Gummankhan Tea Estate
Marasanige Village
Hirebylu Post, Kalasa Hobli
Mudigere Taluk
Chikkamagaluru District-577 101
                                               ... Appellant
(By Girish B.Baladare, Advocate)

AND:
1.     The Manager
       Shriram General Insurance Co. Ltd
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     No.5/4, 3rd floor, S.V.Arcade,
     Bilekahalli Main Road
     B.G.Road, I.I.M Post,
     Bengaluru-560 076.

2.   Thulasidas @ Shiva.M
     S/o Sri Manoharan
     @ Manogaran,
     Aged about 25 years,
     R/o Basavapura, Bengaluru

     Permanent R/o 411H,
     No.680, Malaireddiyur
     Beemakulam Post,
     Vaniyambadi Taluk
     Vellor District, Tamil Nadu-632 001.

3.   Sri T.B.Chandrashekara,
     S/o Basavaraj
     Aged about 44 years
     Business & Owner of Bus,
     Door No.177, 2nd Cross
     Bilekahalli Layout
     B.G.Road, Bengaluru-560 076.
                                            ... Respondents

(By Sri B.Pradeep, Advocate for R1, Notice to R2 d/w v/o dtd:5.12.2018)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2018 PASSED IN MVC NO.211/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND MACT, MUDIGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellant -

claimant and the learned Counsel appearing for the first

Respondent - Shriram General Insurance Company Limited

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

(being authorized by the appellant to sign) and the learned

advocate appearing for the first respondent-insurance company

and its authorized officer is filed. The appellant-claimant has

agreed to receive and the first respondent-insurance company has

agreed to pay a global compensation of Rs.60,000/- (Rupees Sixty

Thousand only), in addition to what has been awarded by the

Tribunal, in full and final settlement of the claim.

3. The First 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

HB/-