Asifulla vs Gururaj
2022 Latest Caselaw 4621 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 MRS. JUSTICE S.SUJATHA
                            &
           SMT. MANJULA N TEJASWI, MEMBER

                 M.F.A.No. 7701/2019 (MV)
                  (Lok Adalat No. 294/2022)
  BETWEEN:

  ASIFULLA
  S/O ABDUL MUNAF SAB,
  AGED ABOUT 26 YEARS,
  R/O 3RD CROSS, KTJ NAGAR,
  DAVANAGERE, NATIVE OF
  NIMBEGUNDI VILLAGE & POST,
  SHIKARIPURA TALUK,
  DAVANAGERE-577 001.                         ...APPELLANT

             (BY SRI. A. HANUMANTHAPPA, ADVOCATE)
  AND:

  1.     GURURAJ
         S/O SHEKHARAPPA,
         AGED ABOUT 48 YEARS,
         R/O # 1644/1, NEAR HAGEDIBBA
         CIRCLE, OLD BETHUR ROAD,
         DAVANAGERE-577 001.

  2.     THE DIVISIONAL MANAGER
         ORIENTAL INSURANCE CO. LTD.,
                                       2

            DIVISIONAL OFFICE,
            1ST FLOOR, A.M. ARCADE,
            C.G. HOSPITAL ROAD,
            DAVANAGERE DISTRICT-577 001.                 ...RESPONDENTS

(BY SRI. A.M. VENKATESH, ADVOCATE FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2019 PASSED IN MVC NO.574/2018 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. 2,10,000/- (Rupees Two Lakhs Ten

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.60,000/- 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 the interest periodically. The remaining amount of Rs.1,50,000/-

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

Rbv