Nayana M Y vs Mahadeva T
2022 Latest Caselaw 4604 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
                                   &
             SRI. M.N. UMASHANKAR, MEMBER

                     M.F.A.No. 1679/2020 (MV)
                    (Lok Adalat No. 1074/2022)

  BETWEEN

  Nayana M.Y. D/o Yaragondappa,
  Aged about 25 years,
  Residing at No.88, 20th 'B' Main, 1st 'R' Block,
  Rajajinagar, Bengaluru-560 010.                    ...APPELLANT

                     (By Sri. K.N. Channappa, Advocate)
  AND

  1.    Mahadeva T. S/o Thimmaiah,
        No.353, 76th Cross, Kumaraswamy Layout,
        Near Police Station, Bengaluru - 560 078.
        Also at No.17, Mahadeshwara
        Nilaya, 30th Main, 6th Cross,
        Near Channamanakere Police Station,
        BSK 3rd Stage, Bengaluru-85.

  2.    The Manager,
        Bajaj Allianz Gen. Insurance Co. Ltd.,
        Issuing Office, Golden Heights, 4th Floor,
                                           2

            No.1/2, 59th 'C' Cross,
            4th 'M' Block, Rajajinagar,
            Bengaluru-560 010.                            RESPONDENTS

(By Sri. : B. Pradeep, Advocate for R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2019 PASSED IN MVC NO.2677/2018 ON THE FILE OF THE III ADDL. JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, (SCCH-18), BENGALURU, 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. 2,50,000/- (Rupees Two Lakhs Fifty

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 apportionment, deposit and release of the enhanced compensation

amount shall be made in terms of 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 Rbv