J Jyothi Ramesh Jitagi vs New India Assurance Co. Ltd
2022 Latest Caselaw 4413 Kant

                                1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOKADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 12TH DAY OF MARCH, 2022

                   CONCILIATORS PRESENT:

             THE HON'BLE MRS. JUSTICE M.G.UMA

                                &

                  SMT. S.SUSHEELA, MEMBER


                   M.F.A.No.688/2022 (MV)
                  (Lok Adalat No.753/2022)


BETWEEN

1.    J.JYOTHI RAMESH JITAGI,
      W/O LATE RAMESH HANUMANTA JITAGI,
      AGED ABOUT 23 YEARS
      R/AT NEAR RAILWAY FATAK LANE,
      VASAHAT, CHINCHAWAD,
      KOLHAPUR, MAHARASHTRA - 416119.

2.    HANAMANTA IRAPPA JITAGI
      S/O IRAPPA JITAGI
      AGED ABOUT 53 YEARS.

3.    BASAMMAHANAMANTA JITAGI
      W/O HANAMANTA JITAGI
      AGED ABOUT 40 YEARS.

4.    UMESH HANAMANT JITAGI
      S/O HANAMANTA JITAGI
      AGED ABOUT 24 YEARS.
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      APPELLANT NOS. 2 TO 4 ARE
      R/AT 96/7, RELWE LANE JAVALLI
      VASAHAT MUPO,
      CHINCHAWAD KARVIR KOLHAPUR
      MAHARASHTRA - 416119.

                                              ...APPELLANTS

(BY SRI. VIJAY KUMAR T, ADVOCATE)

AND

1.    NEW INDIA ASSURANCE CO. LTD.,
      BY ITS MANAGER,
      REGIONAL OFFICE NO 2/B,
      1ST FLOOR UNITY BUILDING ANNEXE
      MISSION ROAD
      BENGALURU - 560027.

2.    K T RAJASEKHAR
      PROPRIETOR SRS TRAVELS
      NO 65 JOGARA DODDI,
      BIDADI INDUSTRIAL AREA
      RAMANAGARA,
      BENGALURU - 560016.
                                             ...RESPONDENTS

(BY SRI. G S MARULAIAH, ADVOCATE FOR R1)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.04.2021 PASSED IN MVC NO.7644/2018 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY (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 Appellants - Claimants are

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 appellants/claimants

(being authorized by the appellants/claimants to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellants-claimants have agreed to

receive and the respondent-Insurance Company has agreed to pay a

lump-sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty 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 apportionment, deposit and release of the enhanced

compensation amount shall be made in terms of the Judgment and

Award passed by the Claims Tribunal.

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