Nagesh K D vs Pradeep Babu R
2022 Latest Caselaw 4459 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

                             AND

             SRI M.N. UMASHANKAR, MEMBER

                 MFA No.5150/2020(MV)

                LOK ADALAT No.494/2022

BETWEEN:

NAGESH K.D.
S/O. LATE DYAVEGOWDA
AGED ABOUT 49 YEARS
AGRICULTURIST
R/O. SUGUDAVANI, KALAVASE VILLAGE
JAGARA HOBLI
CHIKKAMAGALUR TALUK
AND DISTRICT - 577 101.

                                        ...APPELLANT
(BY SRI GIRISH B. BALADARE, ADV.)

AND:

1.     PRADEEP BABU R.
       S/O. RAMESH BABU
       AGED ABOUT 24 YEARS
                                2




        R/O.NO.22/4, 20TH CROSS
        BHUVANESHWARA NILAYA
        MAGADI ROAD, BANGALORE - 560 023

2.      RAMESH M.L.
        S/O. LAKSHMANA MAGADI
        AGED ABOUT 52 YEARS
        R/O. M/S. LAKSHMANA AND COMPANY
        N.23/3128 CROSS HUTTADD ROAD
        BHUVANESHWARA NAGARA
        BANGALORE - 560 023
        AND ALSO S/O. BANGALORE
        NAGARA, K.P.AGRAHARA,
        MAGADI ROAD,
        BANGALORE - 560 023.

3.      THE BRANCH MANAGER
        ICICI LOMBARD
        THE GENERAL INSURANCE CO. LTD.,
        BASAVESHWARA NAGARA,
        BANGALORE - 560 044.

                                           ... RESPONDENTS

(BY SRI. B. PRADEEP, ADV. FOR R3)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2020 PASSED IN MVC NO.199/2018 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED :

CONCILIATION ORDER

The learned Counsel for the appellant - claimant, and 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 authorised by the appellant/claimant

to sign) and the learned advocate appearing for the respondent-

Insurance Company and its authorised officer is filed. The

appellant - claimant has agreed to receive and the respondent -

Insurance Company has agreed to pay a lumpsum of

Rs.1,10,000/-(Rupees One Lakh Ten Thousand only) in addition

to what has been awarded by the Tribunal as 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 9% per annum 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. The Miscellaneous First Appeal stands disposed of in

terms of the Joint Memo. The Judgment and Award passed by

the Tribunal shall stand modified accordingly. Draw the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

sac*