Dadapeer vs The Manager, The Oriental ...
2022 Latest Caselaw 4488 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
                                  &
             SRI. M.N. UMASHANKAR, MEMBER

                    M.F.A.No. 1331/2022 (MV)
                    (Lok Adalat No. 1118/2022)

  BETWEEN

  Dadapeer
  S/o Chandpeer,
  (Appellant is minor (15 years) at
  The time of filing claim petition,
  Now attained majority),
  Aged about 18 years, Student,
  R/o Mallkere Village,
  (Malalkere Village),
  Davanagere Tq. & Dist.-577 006.                     ...APPELLANT

                      (By Sri. G.J. Sunkapur, Advocate)
  AND

  1.    The Manager,
        The Oriental Insurance Co. Ltd.,
        Branch Office: 1st Floor,
        A.M. Arcade, Near Vidyarthi Bhavan,
        C.G. Hospital Road,
        Davanagere - 577 001.
                                    2


      2.   Chandrakantha
           S/o Ramakrishna Reddy,
           Owner of Tractor bearing
           Reg. No.KA-17/TB-5457,
           R/o Malalkere Camp,
           Davanagere Taluk-577 001.

      3.   Patel G.B.
           S/o Dhanyakumar G.B.,
           Aged about 32 years,
           Driver of Tractor bearing
           Reg.No. KA-17/TB-5457,
           R/o Shyagale Village,
           Davanagere Taluk-577 001.                   RESPONDENTS

(By Sri. : Janardhan Reddy, Advocate for R-1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.12.2018 PASSED IN MVC NO. 916/2017 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & JMFC AND VI MACT, DAVANAGERE, 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. 40,000/- (Rupees Forty 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

Rbv