Shivappa vs The Manager , New India Assurance ...
2022 Latest Caselaw 4449 Kant

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     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.528/2022 (MV)
                  (Lok Adalat No.932/2022)


BETWEEN

SHIVAPPA
S/O SANNAPPA
AGED ABOUT 50 YEARS
R/O DEVEGOWDA NAGARA
KASABA HOBLI,
HASSAN TALUK AND DIS -573201

                                                ...APPELLANT

(BY SRI. GIRISH B BALADARE, ADVOCATE)

AND

1.    THE MANAGER
      NEW INDIA ASSURANCE CO. LTD.,
      REPRESENTED BY
      THE MANAGER
      NEW INDIA ASSURANCE CO. LTD.,
      CHANDAN COMPLEX
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     HARSHA MAHAL ROAD,
     HASSAN - 573201.

2.   CHANDANA
     S/O SHIVAPPA
     AGED ABOUT MAJOR
     R/O NEAR SIDDESHWARA MEDICAL SHOP,
     DEVEGOWDA NAGAR
     TATTEKRE POST
     KASABA HOBLI,
     HASSAN TALUK
     HASSAN DISTRICT- 573201.

                                                    ...RESPONDENTS

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

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2021 PASSED IN MVC NO.1666/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, 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. 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 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 and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

PK