Sudhamma @ Sudha vs Syed Imran Pasha
2022 Latest Caselaw 4504 Kant

                               1

     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.14/2021 (MV)
                  (Lok Adalat No.629/2022)


BETWEEN

1.    SUDHAMMA @ SUDHA
      AGED ABOUT 28 YEARS,
      W/O ANANDA.

2.    ANANDA
      AGED ABOUT 33 YEARS,
      S/O VENKATARAVANAPPA.

      BOTH ARE RESIDING AT
      ANJANAPURA VILLAGE
      SHIDLAGHATTA TALUK
      KOLAR DISTRICT-517247.

                                                ...APPELLANTS

(BY SRI. PAVANA CHANDRA SHETTY.H, ADVOCATE)
                                  2

AND

1.    SYED IMRAN PASHA
      S/O. SYED ILLIYAZ PASHA
      R/AT NEAR PRAGATHI SCHOOL
      M.G ROAD,
      CHINTAMANI
      CHIKKABALLAPURA DISTRICT.

2.    THE NEW INDIA ASSURANCE COMPANY LTD.,
      BAGALUR MANSION
      2ND FLOOR,
      BIG BAZAAR KOLAR-517247
      REP BY ITS BRANCH MANAGER.

                                                    ...RESPONDENTS

(BY SRI.NAGARAJAIAH, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.11.2018 PASSED IN MVC NO.161/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MACT KOLAR, 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.2,55,000/- (Rupees Two Lakhs and fifty five 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 deposit and release of the enhanced compensation amount

shall be made as per the Judgment and Award passed by the Claims

Tribunal.

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