M Abhishaik vs M. Shivashankar
2022 Latest Caselaw 4602 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.4998/2020 (MV)
                  (Lok Adalat No.767/2022)

BETWEEN

M.ABHISHAIK
S/O. LATE S.MOHAN, AGED 19 YEARS,
R/AT 57/G, PANRUTI MAIN ROAD,
ABATHARANAPURAM VADALUR
CUDDALORE DISTRICT, TAMIL NADU.
                                                  ...APPELLANT

(BY SRI. SYED ABDUL SABOOR, ADVOCATE)

AND

1.    M. SHIVASHANKAR
      S/O S.MOHAN,
      AGED ABOUT 30 YEARS,
      R/AT 57/G, PANRUTI MAIN ROAD,
      ABATHARANAPURAM VADALUR,
      CUDDALORE DISTRICT, TAMIL NADU.

2.    THE MANAGER
      BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
                                    2

      NARAYANA SHASTRY ROAD,
      MYSURU-570009.
                                                       ...RESPONDENTS

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

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.05.2020 PASSED IN MVC NO. 777/2016 ON THE FILE OF THE JUDGE, PRL. COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, 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.9,65,000/- (Rupees Nine Lakhs and Sixty Five 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.6,65,000/- is directed to be invested in

Fixed Deposit in the name of the appellant/claimant in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellant/claimant to withdraw interest periodically.

The remaining amount of Rs.3,00,000/- is ordered to 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 PK