National Insurance Co. Ltd vs Sri S V Paramesh
2022 Latest Caselaw 4565 Kant

     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 G NARENDAR
                               &
                  SRI. M B NARAGUND, MEMBER

                   M.F.A.No.3073/2020 (MV)
                   (Lok Adalat No.888/2022)
BETWEEN:
    M/S NATIONAL INSURANCE CO. LTD
    COMPANY LIMITED, DIVISIONAL OFFICE,
    G SHIVA KUMAR, ASSISTANT MANAGER,
    REGIONAL OFFICE,
    NATIONAL INSURANCE COMPANY LTD.
    II FLOOR, SUBRAM COMPLEX,
    M G ROAD, BENGALURU 560001
                                                 ... APPELLANT
       (BY SRI. L. SREEKANTA RAO ADVOCATE)
AND:
1.     SRI S V PARAMESH
       S/O H VENKATESHAPPA,
       AGED ABOUT 38 YEARS,
       R/O NAGALAMADIKE HOBLI,
       PAVAGADA TALUK, TUMKUR DISTRICT 572136

2.     MANASA MEGHANA B
       MAJOR, NO 49, MODERN HOUSING SOCIETY,
       INSTITUTE OF QUALITY, BHARATH NAGAR,
       2ND STAGE, MAGADI ROAD, VISHWANEEDAM POST,
       ANDRAHALLI, BENGALURU 560091
                                            ... RESPONDENTS

(BY SRI/SMT. N.R.RANGE GOWDA ADV., FOR R-1)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.11.2019 PASSED IN MVC NO.2318/2018 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), AWARDING COMPENSATION OF RS.4,69,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Respondent - Claimant is

present through video conferencing/Physical Hearing. The learned

Counsel appearing for the Appellant - 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 Respondent/claimant

(being authorized by the Respondent/claimant to sign) and the learned

advocate appearing for the Appellant - Insurance Company and its

authorized officer is filed. The Respondent-claimant has agreed to

receive and the Appellant-Insurance Company has agreed to pay a

lump-sum of Rs.3,69,000/- (Rupees Three Lakhs Sixty Nine Thousand

only) with interest at 6% p.a., instead of Rs.4,69,000/- with interest @

6% p.a, which has been awarded by the claims tribunal, in full and

final settlement of the claim.

3. The Appellant - 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.

The amount if any, deposited before this Court shall be transferred to

the Claims Tribunal.

4. The deposit and release of the modified/reduced compensation

amount shall be made in terms of 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 of the Tribunal shall stands modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

VS