K Lokesh vs National Insurance Co Ltd
2022 Latest Caselaw 4632 Kant

     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 G NARENDAR

                               &

                  SRI. M B NARAGUND, MEMBER

                   M.F.A.No. 4332/2019(MV)
                   (Lok Adalat No.399/2022)
BETWEEN:

K LOKESH
AGED ABOUT 44 YEARS,
S/O LATE E.KRISHNAPPA
#380, MALLIKARJUNA TEMPLE ROAD
OPP.GOVERNMENT SCHOOL
ULLAL UPANAGARA, BENGALOORU
                                              ... APPELLANT
       (BY SRI. JAYARAMAIAH , ADVOCATE)
AND:
1.     NATIONAL INSURANCE CO LTD
       DIVISIONAL OFFICE
       #982, II FLOOR, 80FT. ROAD
       NEAR MAHARAJA HOTEL JUNCTION
       PERIPHERAL ROAD, 80 FEET ROAD,
       KORAMANGALA 4TH BLOCK
       BENGALOORU - 560 034
       REPRESENTED BY ITS
       DIVISIONAL MANAGER

       AND REGISTERED OFFICE AT #3,
       PB NO.9229, MIDDLETON STREET
       KOLKATA - 700 071
                                        2




2.    T.B.BOREGOWDA
      ADULT BY AGE
      S/O BETTASWAMY
      #112, 5TH CROSS, SHASTRI NAGAR
      THYAGARAJANAGAR
      BENGALOORU - 560 028

3.    H.M.RAJAYOGI
      AGED ABOUT 37 YEARS,
      S/O H.M.NANJAIAH @ NANJAPPA
      #14, 3RD CROSS, SURABHI NAGAR,
      JAMBUSAVARI DINNE, 8TH STAGE
      JP NAGAR, BENGALOORU - 560 076
                                                        ... RESPONDENTS

(BY SRI. A.M.VENKATESH ADV., FOR R-1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.15.12.2018 PASSED IN MVC NO.3290/2017 ON THE FILE OF THE XXI ACMM AND XXIII ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON 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.65,000/- (Rupees Sixty Five Thousand only), in addition to

what has been awarded by the claims 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 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 of the Tribunal shall stands modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

VS