Shobha vs Hanumesh K C
2022 Latest Caselaw 4572 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.1271/2020 (MV)
                  (Lok Adalat No.457/2022)


BETWEEN

1.    SHOBHA
      W/O LATE NAGARAJU,
      AGED ABOUT 40 YEARS.

2.    BHARATHKUMAR S.N.
      S/O LATE NAGARAJU,
      AGED ABOUT 20 YEARS.

3.    SHARATHKUMAR S.N.
      S/O LATE NAGARAJU,
      AGED ABOUT 18 YEARS.

      ALL ARE R/AT SIDDAIAHNA KOPPALU VILLAGE,
      KOTTATHI HOBLI,
      MANDYA TQ AND MANDYA DISTRICT.

                                                 ...APPELLANTS

(BY SMT. BHUSHANI KUMAR, ADVOCATE)
                                  2

AND

1.    HANUMESH K.C
      S/O.CHIKKA HANUMEGOWDA,
      KALLENAHALLI VILLAGE,
      MANDYA TQ AND DISTRICT
      (OWNER OF THE EICHER CANTER BEARING NO.KA-09-B-7883)

2.    THE MANAGER (LEGAL)
      BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,
      BRANCH OFFICE NO.363, SRI HARI COMPLEX,
      SETHAVILAS ROAD, MYSORE.

      (INSURER OF THE EICHER CANTER BEARING NO.KA-09-B-7883)
      (POLICY NUMBER OG-17-1529-1803-00004403
      VALID FROM 18-01-2017 TO 17-02-2018).
                                              ...RESPONDENTS

(BY SRI. B.PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.06.2019 PASSED IN MVC NO. 232/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE ADN MACT, MANDYA, 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 Appellants - Claimants

are present. The learned Counsel appearing for the Respondents -

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 appellants/claimants

(being authorized by the appellants/claimants to sign) and the learned

advocate appearing for the respondents - Insurance Company and its

authorized officer is filed. The appellants-claimants have agreed to

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

lump-sum of Rs.4,30,000/- (Rupees Four Lakhs and Thirty Thousand

only), in addition to what has been awarded by the Tribunal, in full and

final settlement of the claim.

3. The Respondents - Insurance Company have 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