Mallikarjuna Swamy vs T Suresh
2022 Latest Caselaw 4529 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.4652/2020 (MV)
                 (Lok Adalat No.801/2022)


BETWEEN

MALLIKARJUNA SWAMY
S/O CHANDRAPPA
AGED ABOUT 46 YEARS,
R/AT S KODIHALLI VILLAGE
SINGATGERE HOBLI
KADUR TALUK
CHIKKAMAGALORE DISTRICT.

NOW R/AT BASAVANAHALLI VILLAGE
BANAVARA HOBLI
ARSIKRE TALUK-573103.
                                                ...APPELLANT

(BY SRI.JAGADEESH H.T, ADVOCATE)

AND

1.    T.SURESH
      S/O THIMMAIAH
                                  2

     AGED ABOUT 25 YEARS,
     R/AT NIDUVALLI VILLAGE
     PANCHANAHALLI HOBLI
     KADUR TALUK
     CHIKMAGALURU DISTRICT.

2.   P.O JAYASHANKAR
     S/O LATE P.O OMKARMURTHY
     AGED ABOUT 51 YEARS,
     R/AT PANCHANAHALLI VILLAGE
     KADUR TALUK
     CHIKMAGALUR DISTRICT.

3.   THE GENERAL MANAGER
     THE NEW INDIA ASSURANCE CO. LTD.,
     CHIKMAGALURU BRANCH
     PANDURANGA COMPLEX
     K.T ROAD, CHIKMAGALUR TOWN.
                                                    ...RESPONDENTS

(BY SRI. S KRISHNA KISHORE, ADVOCATE FOR R3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2019 PASSED IN MVC NO.1621/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, ARSIKERE, 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.1,65,000/- (Rupees One Lakh and Sixty 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 entire enhanced compensation amount shall be disbursed 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