H K Jagadeesh vs G P Kumar
2022 Latest Caselaw 4431 Kant

                                   1

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

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 12th DAY OF MARCH, 2022

                  CONCILIATORS PRESENT:

        THE HON'BLE MR. JUSTICE B. VEERAPPA
                                   &
            SRI. M.N. UMASHANKAR, MEMBER

                    M.F.A.No. 730/2022 (MV)
                   (Lok Adalat No. 1075/2022)

  BETWEEN

  H.K. Jagadeesh
  S/o Krishnanandha,
  Aged about 37 years,
  R/o No.576, 7th 'C' Cross,
  Opp. To SBI, Hebbal 1st Stage,
  Mysuru - 570 011.                                  ...APPELLANT

                   (By Sri. M.Y. Sreenivasan, Advocate)
  AND

  1.    G.P. Kumar
        S/o Late Puttabasappa,
        Aged about 57 years,
        R/o Bhujangeshwara Layout, 1st Cross,
        Chamarajanagara Town-571 441.

  2.    The Divisional Manager,
        Bajaj Alliance General
        Insurance Company Ltd.,
                                       2

            No.31, TBR Tower, 1st Cross,
            New Mission Road,
            Bengaluru-560 027.                      RESPONDENTS

(By Sri. : B. Pradeep, Advocate for R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2018 PASSED IN MVC NO. 835/2015 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, 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. 2,00,000/- (Rupees Two Lakhs 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

Rbv