Citation : 2022 Latest Caselaw 4472 Kant
Judgement Date : 12 March, 2022
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 G NARENDAR
&
SRI. M B NARAGUND, MEMBER
M.F.A.No. 4671/2020(MV)
(Lok Adalat No. 346/2022)
BETWEEN:
SMT GEETHA G B
W/O SHVIANNA S B
AGED ABOUT 54 YEARS
OCC.BUSINESS AND HOSEWIFE
R/O KEREKONDAPURA VILLAGE
RAMPURA HOBLI, MOLAKALMURU TALUK
CHITRADURGA DISTRICT
NOW R/O NO.207/28
C/O G CHIDANANDA B.E CIVIL CLASS-1 CONTRACTOR
2ND CROSS, SIDDAVEERAPPA LAYOUT
DAVANAGERE-577004
... APPELLANT
(BY SRI. HIREMATHAD MAHESHAIAH RUDRAYYA, ADVOCATE)
AND:
1. SHIVANNA S B
S/O LATE BASANNA
AGED ABOUT 60 YEARS
OCC.DRIVER CUM OWNER OF THE CAR BEARING
NO.KA.16/M.6994
R/O KEREKONDAPURA VILLAGE
RAMPURA HOBLI
MOLAKALMURU TALUK
CHITRADURGA DISTRICT
2
NOW R/O NO.207/28
C/O G CHIDANANDA B E CIVIL CLASS-1 CONTRACTOR
2ND CROSS
SIDDAVEERAPPA LAYOUT
DAVANAGERE-577004
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO.LTD.
DIVISIONAL OFFICE. MELGIRI PLAZA
OPPOSITE DENTAL COLLAGE
M C C B. BLOCK, DAVANAGERE-577004
... RESPONDENTS
(BY SRI/SMT. GEETHA RAJ ADV., FOR R-2 )
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 20.01.2020, PASSED IN MVC NO.847/2018, ON THE FILE OF THE III-ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AND VI-MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON 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.1,15,000/- (Rupees One Lakh Fifteen Thousand only), in
addition to what has been awarded by the claims 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 of the Tribunal shall stands modified
accordingly. Draw up the Award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
VS
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