Sri Mariyappa R vs Smt Ranjitha
2023 Latest Caselaw 9028 Kant

Karnataka High Court

Sri Mariyappa R vs Smt Ranjitha on 1 December, 2023

                                 1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 01ST DAY OF DECEMBER 2023

                   CONCILIATORS PRESENT:

THE HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA
                                 &
          SMT. PARINEETA S. CHANAL, MEMBER

                    M.F.A.No. 3393/2020 (MV)
                    (Lok Adalat No. 2272/2023)
  BETWEEN:
  Sri. Mariyappa R.
  S/o Rangappa,
  Aged about 53 years,
  R/at Shankara Nagara,
  Bengaluru,
  Permanent Resident of :
  Maskal Village, Hiriyur
  Taluk, Chitradurga District.                   ...APPELLANT
                  (BY SRI. T. SATHISHA, ADVOCATE)
  AND
  1.     Smt. Ranjitha W/o Ramesh H.R., Major,
         R.C. Owner of the Tusker Lorry
         Bearing Reg. No.KA-04/C-3109,
         R/o No.15/1, 3rd Cross,
         Shani Mahathma Temple Road,
         Parimala Nagara,
         Bengaluru - 560 096.
                                   2

    2.   H.N. Dhananjaya, Major,
         Policy Holder of the Tusker Lorry
         Bearing Reg. No.KA-04/C-3109,
         R/o No.161, 1st Main,
         Vijaya Nagar, Kamakshi Palya,
         Bengaluru - 560 079.

    3.   The Authorized Signatory,
         Sriram General Insurance Co. Ltd.,
         E-8, EPIP RIICO Industrial Area,
         Sitapur, Jaipur,
         Rajasthan - 302 022,
         Now Represented by:
         Sriram General Insurance
         Company Ltd., No.8/5,
         2nd Floor, Munirsh Chamber,
         Infantry Road,
         Bengaluru - 560 001.                 ...RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R-3)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2019 PASSED IN MVC NO. 466/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC & ADDL. MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant is present.

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.15,000/- (Rupees Fifteen 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 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 and Award of the Tribunal shall stand modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

Rbv*