Citation : 2022 Latest Caselaw 4585 Kant
Judgement Date : 12 March, 2022
1
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 B. VEERAPPA
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A.No. 2382/2020 (MV)
(Lok Adalat No. 1071/2022)
BETWEEN
Naveen Kumar S/o Late Honnappa,
Aged about 30 years, Occ: Driving work and Real
Estate Business, Presently not working,
R/o 3rd Main Road, 9th Cross, Yallamma Nagar,
Davanagere - 577 604. ...APPELLANT
(By Sri. G.J. Sunkapur, Advocate)
AND
1. Praveen Kumar K.V. S/o Vasanth Kumar,
Aged Major, Occ: Owner cum
Driver of Car bearing
Reg. No.KA-14/P-8962,
R/o Maradi Harlapur Post,
Thirthahally Taluk,
Shivamogga District - 577 201.
2. The Manager,
Divisional Office,
2
IFFCO TOKIO General Insurance Company Ltd.,
#35, 1st Floor, Kantharaj Urs Road,
Kuvempu Nagar,
Mysore - 570 001. RESPONDENTS
(By Sri. : D. Vijaya Kumar, Advocate for R-2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2019 PASSED IN MVC NO. 132/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MEMBER, MACT- IV, DAVANAGERE, 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
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. 30,000/- (Rupees Thirty 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 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 and Award of the Tribunal shall stand modified
accordingly. Draw up the Award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
Rbv
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