M J Raghavendra vs National Insu Co. Ltd
2022 Latest Caselaw 9650 Kant

                           1


     HIGH COURT LEGAL SERVICES COMMITTEE,
                  BENGALURU
          BEFORE THE MEGA LOK ADALAT

       IN THE HIGH COURT OF KARNATAKA AT
                   BENGALURU

     DATED THIS THE 14th DAY OF AUGUST, 2021

               CONCILIATORS PRESENT:

 THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

                           &

        SRI. VIJAYAKUMAR MAJAGE, MEMBER

               M.F.A.No. 5721/2018 (MV)
              (Lok Adalat No.1473/2021)



BETWEEN
Sri. Thimmaraju
S/o Rangaswamy
Aged about 26 years
R/o Madakaripura village
Kasaba Hobali
Chitradurga Taluk and District-577 501
                                          ... Appellant
      (By Smt. Spoorthy Hegade Nagaraja, Advocate)

AND
1.    National Ins Co. Ltd.,
      Rep by its Branch Manager
      Branch Office
                             2


     Davangere Road, Chitradurga-577 001

2.   Sri. Srinivasulu B
     S/o Rangadu, Major
     Owner of the lorry bearing
     Reg. No.KA-34-A-3768
     R/o Jagruthi Nagara, Cowl Bazar
     Bellary
                                           ... Respondents

(By Smt. Geetha Raj, Advocate for R-2 Notice to R-2 - d/w v.c.o. dated 14.01.2020)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.02.2017 PASSED IN MVC NO. 1364/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMEN TOF 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.75,000/- (Rupees Seventy Five

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 stand modified accordingly. Draw up

the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

nv