Savitramma vs Raghunath A B
2022 Latest Caselaw 4654 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 MR. JUSTICE B. VEERAPPA
                                &
            SRI. M.N. UMASHANKAR, MEMBER

                   M.F.A.No. 5390/2019 (MV)
                   (Lok Adalat No. 1121/2022)

  BETWEEN

  Savitramma W/o Ningappa
  @ Ningaraju, Age 39 years,
  Occ: Vegetable Business,
  Presently Nil,
  R/o Haluvagalu Village,
  Harapanahalli Taluk-583 131,
  Now at 1st Main Road, 9th Cross,
  K.T.J. Nagar, Davanagere-577 001.                  ...APPELLANT

                    (By Sri. R. Shashidhara, Advocate)
  AND

  1.    Raghunath A.B. S/o Appanna,
        Age: 55 years, Driver of
        Auto bearing No.KA-17/C-0285,
        R/o Rajanahalli Village, Harihar
        Taluk - 577 601, Davanagere District.
                                   2

    2.    Madivalara Malleshappa
          S/o Ningappa, Age 37 years,
          Owner of Auto bearing
          No.KA-17/C-0285,
          R/o Huluvagalu Village,
          Harapanahalli Taluk-583 131,
          Davanagere District.

    3.    Jagadeesh Hiremath
          S/o Shivananda, Age: Major,
          Policy Holder of Auto bearing
          No.KA-17/C-0285, R/o Door No.174,
          Srikanth, Harihareshwara Temple
          Main Road, Harihara-577 601.

    4.    The Divisional Manager,
          ICICI Lombard General
          Insurance Company Limited,
          Divisional Office, Opposite
          High School Field, P.B. Road,
          Davanagere-577 001.                          RESPONDENTS

(By Sri. : B. Pradeep, Advocate for R-4)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2019 PASSED IN MVC NO. 433/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND 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. 2,40,000/- (Rupees Two Lakhs Forty

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. The apportionment, deposit and release of the enhanced compensation

amount shall be made in terms of the Judgment and Award passed by the

Claims Tribunal.

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