Dasharatha vs Devaraju
2022 Latest Caselaw 4590 Kant

                             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

                            AND

             SRI M.N. UMASHANKAR, MEMBER

                   MFA No.2292/2020(MV)

                   LOK ADALAT No.527/2022

BETWEEN:

DASHARATHA
S/O DEVAPPA NAYAKA
AGED ABOUT 52 YEARS,
R/AT NAYAK STREET, YELAWALA,
MYSORE CITY
NOW R/AT C/O BASAVARAJU
2ND CROSS, GANJAM
SRIRANGAPATNA TOWN
MANDYA DISTRICT - 571 438
                                            ...APPELLANT

(BY SRI. SREENIVASAN M.Y., ADV.)

AND:

1.     DEVARAJU,
       MAJOR,
                                2




     S/O JAVAREGOWDA
     R/AT HEBBADIHUNDI
     S R PATNA TALUK
     MANDYA DISTRICT - 571 438

2.   THE DIVISONAL MANAGER
     UNITED INSURANCE COMPANY LTD.,
     NO.2912, SRI VENKATESHWARA PLAZA,
     1ST MAIN, SARASWATHIPURAM
     MYSURU - 570 005.

                                              ...RESPONDENTS

(BY SRI. L.SREEKANTA RAO, ADV. FOR R2)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.09.2019 PASSED IN MVC NO.362/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned counsel for the appellant - claimant, and 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 authorised by the appellant/claimant

to sign) and the learned advocate appearing for the respondent-

Insurance Company and its authorised officer is filed. The

appellant - claimant has agreed to receive and the respondent -

Insurance Company has agreed to pay a lumpsum of

Rs.1,25,000/-(Rupees One Lakh Twentyfive Thousand only) in

addition to what has been awarded by the Tribunal as 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 9% per annum 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. The Miscellaneous First Appeal stands disposed of in

terms of the Joint Memo. The Judgment and Award passed by

the Tribunal shall stand modified accordingly. Draw the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

sac*