Umesh vs T M Kishan
2022 Latest Caselaw 4568 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. 1754/2021 (MV)
                   (Lok Adalat No.404/2022)
BETWEEN:
UMESH
NOW AGED ABOUT 34 YEARS
S/O BABU
R/O. KOMBILA HOUSE,
ANANTHADY POST AND VILLAGE,
BANTWAL TALUK,D.K.,
NOW R/O. KABAKA,
KABAKA VILLAGE AND POST,
PUTTUR TALUK,
DAKSHINA KANNADA DISTRICT 574201
                                                  ... APPELLANT
       (BY SRI.VISHWANATHA POOJARY K, ADVOCATE)
AND:
1.     T M KISHAN
       NOW AGED 34 YEARS
       S/O. T. MONAPPA GOWDA,
       R/O. H. NO. 1-293, THALIPADPU HOSUE,
       ANANTHADY POST AND VILLAGE,
       BANTWAL TALUK,
       DAKSHINA KANNADA DISTRICT-574211
                                        2




2.    THE MANAGER,
      NATIONAL INSURANCE CO LTD.,
      BRANCH OFFICE, 1ST FLOOR,
      SHRI KSHETHRA DHARMASTHALA BUILDING,
      MAIN ROAD, PUTTUR, PUTTUR TALUK,
      DAKSHINA KANNADA DISTRICT 574201
                                                      ... RESPONDENTS

(BY SRI. H.S.LINGARAJU ADV., FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 30.09.2019, PASSED IN MVC NO.831/2017, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AND MEMBER, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON 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.85,000/- (Rupees Eighty Five Thousand only), in addition to

what has been awarded by the claims 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 of the Tribunal shall stands modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

VS