Yunas vs Vishwanath B
2022 Latest Caselaw 4649 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.6618/2019(MV)

                LOK ADALAT No. 965/2022

BETWEEN:

YUNAS
AGED ABOUT 50 YEARS
S/O SADAR KHAN
R/A FAKEERANAKATTE
MALLAR, KAUP, UDUPI TALUK
UDUPI DISTRICT.
                                          ...APPELLANT
(BY SRI. HEGDE V.S., ADV.)

AND:

1. VISHWANATH B.
S/O BABU RAO N.
R/A AKASH MALLIGE APM.
F.NO. 202, BTS LAYOUT
ARIKERE VILLAGE
BENGALURU.
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2. SBI GENERAL INSURANCE COMPANY LTD.
BY ITS GENERAL MANAGER
NATARAJ, 101, 201 & 301 JUNCTION OF
WESTERN EXPRESS HIGHWAY & ANDHERI
KURLA ROAD, ANDHERI
MUMBAI - 400 069.

                                               ...RESPONDENTS

(BY SRI. B. PRADEEP, ADV. FOR R2)

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF THE M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.04.2019 PASSED IN MVC NO. 714/2017 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND AMACT, UDUPI, 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.50,000/-(Rupees 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. The entire enhanced compensation amount shall be

released in favour 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

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