Sri S U Nagarajachar vs Sri Praveen Kumar M J
2022 Latest Caselaw 4656 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. 6103/2019 (MV)
                   (Lok Adalat No. 342/2022)
BETWEEN:
SRI S U NAGARAJACHAR
@ NAGARAJACHAR @ NAGARAJA
S/O UJJINACHAR
AGED ABOUT 31 YEARS,
OCC:CARPENTER & AGRICULTURIST
R/O SANTHEBENNURU VILLAGE,
CHANNAGIRI TALUK, DAVANAGERE -577 213
                                                 ... APPELLANT
       (BY SRI. K.V.SATEESHCHANDRA , ADVOCATE)
AND:
1.     SRI PRAVEEN KUMAR M J
       S/O JAYAPPA, AGED ABOUT 23 YEARS,
       R/O VADNAL VILLAGE & POST
       CHANNAGIRI TALUK, DAVANAGERE-577213

2.     BRANCH OFFICERS
       NATIONAL INSURANCE CO. LTD.,
       SHIVANARADAMUNI PLAZA
       2ND FLOOR MCC-B BLOCK,
       DENTAL MEDICAL COLLEGE ROAD,
       DAVANAGERE-577 001
                                               ... RESPONDENTS

(BY SRI/SMT. H.R.RENUKA ADV., FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2019 PASSED IN MVC NO.63/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., CHANNAGIRI, 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.1,78,000/- (Rupees One Lakh Seventy Eight 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