Nithin M R vs Abdul Basheer K A
2022 Latest Caselaw 4593 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.2331/2021 (MV)
                 (Lok Adalat No.468/2022)

BETWEEN

NITHIN M.R
NOW AGED ABOUT 24 YEARS,
S/O. MANTAIAH
R/O IBNIVALABADI HOUSE AND VILLAGE
BOIKERI, MADIKERI TALUK
KODAGU DISTRICT,
NOW R/AT SAVANOOR
SAVANOOR VILLAGE
PUTTUR TALUK DAKSHINA KANNADA DISTRICT-574201.
                                                 ...APPELLANT

(BY SRI. VISHWANATHA POOJARY K, ADVOCATE)

AND

1.    ABDUL BASHEER K.A
      @ BASHEER
      NOW AGED ABOUT 48 YEARS,
      S/O. LATE ABDULLA K
      R/O GURUMPU HOUSE
                                  2

     GANDHINAGARA, SULLIA TALUK DAKSHINA
     KANNADA DISTRICT-574239.

2.   THE MANAGER
     BAJAJ ALLIANZ INSURANCE COMPANY LTD.,
     BRANCH OFFICE 403 AND 404 4TH FLOOR
     CRYSTAL ARCH BUILDING
     BALMATTA ROAD, BALMATTA,
     NEAR HOTEL ROOPA MANGALORE
     DAKSHINA KANNADA DISTRICT-575001
                                                     ...RESPONDENTS

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

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.10.2019 PASSED IN MVC NO.12/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT-XI, D.K, MANGALURU, SITTING AT PUTTUR, D.K, 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. 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.1,00,000/- (Rupees One Lakh 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 disbursed 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 PK