Shivalingappa vs Varadaraju
2022 Latest Caselaw 4486 Kant

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 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.4472/2020 (MV)

               LOK ADALAT No. 596/2022

BETWEEN:

SHIVALINGAPPA
S/O BASAVARAJAPPA
AGED ABOUT 34 YEARS
AGRICULTURIST
R/O DODDABOMMANAHALLI VILLAGE
JAGALUR TALUK-577 528
DAVANAGERE DISTRICT.
                                          ...APPELLANT

(BY SRI. R. SHASHIDHARA, ADV.)


AND:

1. VARADARAJU
S/O VENKATESHAPPA
AGED ABOUT 37 YEARS
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OCC. DRIVER
R/O CHIKKA TIGALARAPETE,
RAMA MANDIRA ROAD
BRAHMINS STREET
HOSAKOTE TOWN,
BENGALURU RURAL DISTRICT-560 066.
DRIVER OF LORRY BEARING
NO. GJ-01/DZ-5477

2. MAHENDRA MARUTHI RAW SHINDHE
S/O MARUTHI,
AGED ABOUT 35 YEARS
OWNER OF THE LORRY BEARING
NO.GJ-01/DZ-5477
R/AT # 14, PANCHARATHNA ESTATE
CHANGODAR
AHMEDABAD DISTRICT
GUJARAT STATE-582 213.

3. THE LEGAL MANAGER
UNITED INDIA INSURANCE CO LTD
1ST FLOOR, M.M.K COMPLEX
C.G HOSPITAL ROAD
P.J EXTENSION
DAVANAGERE-577 001.
                                         ...RESPONDENTS

(BY SRI. S.V. HEGDE MULKHAND, ADV. FOR R3)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.02.2020 PASSED IN MVC NO.171/2018 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE COURT, JAGALUR, 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.1,00,000/-(Rupees One Lakh 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

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