Sri Dinakara Poojary vs Sri Arthur Philip D Silva
2022 Latest Caselaw 4640 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. 4046/2019(MV)
                   (Lok Adalat No. 428/2022)
BETWEEN:

SRI DINAKARA POOJARY
AGED ABOUT 45 YEARS
S/O RAMA POOJARY
R/O VENKATHESH NILAYA, MADLAGARI,
HEROOR VILLAGE,
RAGIHAKLU, KUNDAPURA TALUK,
UDUPI DISTRICT-572102
                                               ... APPELLANT
       (BY SRI. K.PRASANNA SHETTY, ADVOCATE)
AND:
1.     SRI ARTHUR PHILIP D'SILVA
       S/O ANSLEM D SILVA
       AGED ABOUT 52 YEARS
       R/O A.G.VILLA, FISH MARKET ROAD,
       KUNDAPUR TALUK, UDUPI DISTRICT-572102

2.     NATIONAL INSURANCE CO. LTD
       DIVISIONAL OFFICE,
       REP BY ITS DIVISIONAL MANAGER
       1ST FLOOR, VIDYAPOORNA COMPLEX,
       NEAR HEAD POST OFFICE
       UDUPI-572102
                                        2




3.    HEAD MASTER
      GREGORY ENGLISH SCHOOL NADA,
      (UNIT OF PADUKONE SCHOOL AND EDUCATIONAL SOC),
      PADUKONE, NADA VILLAGE AND POST
      KUNDAPURA TALUK,
      UDUPI DISTRICT-572102
                                            ... RESPONDENTS

(BY SRI. P.B.RAJU ADV., FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED29.09.2018 PASSED IN MVC NO.477/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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.55,000/- (Rupees Fifty 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