Hemantharaj vs Koushik
2022 Latest Caselaw 4627 Kant

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 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. 7618/2019 (MV)

              LOK ADALAT No.599/2022

BETWEEN:


HEMANTHARAJ
S/O. S.G. BASAVARAJ
AGE 11 YEARS
OCC: STUDENT
SINCE MINOR, REPRESENTED BY
HIS NATURAL GUARDIAN FATHER
S.G.BASAVARAJ, S/O. SANNA GURAPPA,
AGE 29 YEARS,
OCC: STATIONARY
MERCHANT, R/O. SIDDAMMANAHALLI
VILLAGE, JAGALUR TALUK - 577 528
DAVANAGERE DISTRICT.
                                         ...APPELLANT


(BY SRI R.SHASHIDHARA, ADVOCATE)
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AND:

1.     KOUSHIK
       S/O. GIRISH POOJAR
       AGE 29 YEARS
       DRIVER OF LORRY BEARING
       NO.KA-19/AB-7820,
       R/O. MUDUKONAJE VILLAGE
       PADKONAJE POST
       MANGALURU CITY - 575 001

2.     VINCENT CUTINHA
       S/O. JOSEPH CUTINHA,
       MAJOR, OCC: MANAGING
       PARTNER/OWNER OF LORRY BEARING
       NO.KA-19/AB-7820,
       R/O. M/S ANUPAMA FEEDS FARMS,
       NEAR PAPER MILL,
       PRANTHYA, ALANGAR,
       MOODABIDRI - 574 227.

3.     THE LEGAL MANAGER
       UNITED INDIA INSURANCE CO. LTD.,
       1ST FLOOR, MMK, COMPLEX
       C.G. HOSPITAL ROAD, P.J.EXTENSION
       DAVANAGERE - 577 001.

                                            ... RESPONDENTS

(BY SRI C.SHANKAR REDDY, ADVOCATE FOR R3)

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF THE M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.06.2019 PASSED IN MVC NO.193/2018 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE COURT, JAGALUR 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.1,50,000/- (Rupees One Lakh Fifty 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. Out of the entire enhanced compensation amount, a

sum of Rs.50,000/- shall be kept in Fixed Deposit in any

nationalised / scheduled Bank, in the name of the minor

appellant till he attains the age of majority with liberty to the

natural guardian / father of the appellant to withdraw the

accrued interest periodically. The remaining sum of

Rs.1,00,000/- shall be released in favour of the father (natural

guardian) 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*