Smt.Vijaykumar vs Mr.Anilkumar
2022 Latest Caselaw 4135 Kant

                             1




       HIGH COURT LEGAL SERVICES COMMITTEE,
                    BENGALURU

          BEFORE THE NATIONAL LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 9TH DAY OF JULY, 2016

                CONCILIATORS PRESENT:

        THE HON'BLE MR. JUSTICE B. MANOHAR

                           AND

             SMT.B V VIDYULATHA, MEMBER

      Miscellaneous First Appeal No.6840 of 2014 (MV)
                Lok Adalat No.2342 of 2016

BETWEEN:

SRI VIJAYKUMAR
S/O KENCHEGOWDA
AGED 25 YEARS
R/O YELECHAKANAHALLY VILLAGE
KOTHATHI HOBLI
MANDYA TALUK
MANDYA DISTRICT-571 436.
                                           .. APPELLANT

(BY SRI. PRAMOD.R., ADV.)

AND

1.    MR.ANILKUMAR
      S/O CHIKKABASAVAIAH
      R/O B.S.BANHALLI VILLAGE
      CHANNAPATNA TALUK
      RAMANAGARA DISTRICT
      571 428.
                         2




2.   THE BRANCH MANAGER
     THE NEW INDIA ASSURANCE
     COMPANY LIMITED
     NO.1200, 2ND CROSS
     ASHOKANAGARA
     MANDYA-571 436

3.   SMT.CHIKKAMMA
     W/O CHIKKANNA
     DODDAMUDAWADI VILLAGE
     MUDAWADI POST
     HAROHALLY HOBLI
     KANAKAPURA TALUK
     RAMANAGARA DISTRICT-571 428.

4.   HEMA RAJ @ M.RAJU
     S/O BOJEGOWDA
     BYRAPATNA VILLAGE
     CHANNAPATNA TALUK
     RAMANAGARA DISTRICT-571 426.
                                    .. RESPONDENTS

(BY SRI.C.SHANKAR REDDY, ADV. FOR R2)

THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.07.2014 PASSED IN MVC NO.412/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION THIS DAY, B MANOHAR J., DELIVERED THE FOLLOWING:-

CONCILIATION ORDER

The learned counsel for the claimant - appellant and

the learned counsel for the Insurance Company along with

its representative are present.

2. After prolonged negotiations, the matter is

settled. The appellant - claimant has agreed to receive

and the respondent - Insurance Company has agreed to

pay a lump sum of Rs.1,95,000/- (Rupees one lakh ninety

five thousand only), in addition to what has been awarded

by the Tribunal, in full and final settlement of the claim.

A joint memo is filed on behalf of the parties to this effect.

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. Out of the enhanced compensation, 70% is

ordered to be released in favour of the appellant and 30%

is ordered to deposited in any nationalized bank for a

period of three years.

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

Bkm.