S Subramanyam vs Sri S Palani Swamy
2022 Latest Caselaw 4493 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.801/2022 (MV)
                  (Lok Adalat No.735/2022)


BETWEEN

S.SUBRAMANYAM
S/O LATE MUGALAPPA
AGED ABOUT 55 YEARS,
R/AT NO.33, 2ND STAGE,
PEENYA, DASARAHALLI, BENGALURU.
AND ALSO AT R/A NO.1-65
T.VADDUR, PENGARAGUNTA POST,
PALAMANER CHITTOR DIST.,
ANDHRA PRADESH.
                                                ...APPELLANT

(BY SRI. KAILAS SHANKAR P.S, ADVOCATE)

AND

1.    SRI. S.PALANI SAMY
      S/O SAMPATH, MAJOR
      R/AT NO.1213, IYYASAMY CHETTIAR STREET,
      VELANDIPALAYAM, CBE DIST,
      COIMBATORE, TAMILNADU-641025.
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2.    THE MANAGER
      THE NEW INDIA ASSURANCE COMPANY LTD.,
      REGIONAL OFFICE, MAHALAKSHMI CHAMBERS
      M G ROAD,
      BANGALORE-560001.
                                                       ...RESPONDENTS

(BY SRI. VENKATESH KAMATH, ADVOCATE)

THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.24.09.2021 IN MVC NO.5543/2017 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-14), 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.2,00,000/- (Rupees Two Lakhs 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