Kumar @ Shivakumara B. R vs National Insu Co. Ltd
2022 Latest Caselaw 4655 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. 674/2019 (MV)
                   (Lok Adalat No.402/2022)
BETWEEN:

KUMAR @ SHIVAKUMARA B. R.
D/O REVANAPPA
AGED ABOUT 35 YEARS
R/O BUDHIHAL VILLAGE, HARIHARA TALUK
DAVANGERE DISTRICT-577002
                                                  ... APPELLANT
       (BY SRI. SREE HARSHA A.K, ADVOCATE)
AND:
1.     NATIONAL INSURANCE CO. LTD.,
       REP BY ITS DIVISIONAL MANAGER,
       DIVISIONAL OFFICE, SHIVANARADAMUNI PLAZA
       2ND FLOOR, MCC B BLOCK
       DENTAL COLLEGE ROAD
       DAVANGERE-577002

2.     MANIKANTA R K
       S/O KRISHNAMURTHY
       DRIVER OF TOYOTA FORTUNER CAR
       BEARING REG NO.KA-19/P-6595 R/O NO.3977/14A
       BAPUJI HIGH SCHOOL RIGHT SIDE,
       SIDDAVEERAPPA LAYOUT, DAVANGERE-577002
                                        2




3.    H R PUTTAPPA GOWDA
      S/O H M RUDRAPPA GOWDA
      OWNER OF TOYOTA FORTUNER CAR
      BEARING REG NO.KA-18/P-6595
      R/O ARUNA GOWDA FARM,
      HOGAREHALLI POST, KADUR TALUK
      CHIKMAGALUR DISTRICT
                                                      ... RESPONDENTS

(BY SRI. K.KISHORE KUMAR REDDY ADV., FOR R-1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20/02/2018, PASSED IN MVC NO.345/2017, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AND VI-MACT, DAVANAGERE, 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.1,10,000/- (Rupees One Lakh Ten 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