Ganesha B.J vs The Manager
2023 Latest Caselaw 9043 Kant

Karnataka High Court

Ganesha B.J vs The Manager 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. 6611/2023 (MV)
                   (Lok Adalat No. 2079/2023)
  BETWEEN:
  Ganesha B.J. S/o Jagadisha,
  Aged about 21 years,
  R/at Upparahosahalli Village,
  Shanthigrama Hobli,
  Hassan Taluk & District-573 201.                ...APPELLANT
            (BY SRI. GIRISH B. BALADARE, ADVOCATE)
  AND
  1.     The Manager,
         Sriram General Insurance Co. Ltd.,
         Infantry Road, Nariman Chamber,
         Bangalore - 560 007.

  2.     Harisha H.M. S/o Malleshappa, Major,
         R/o Near Vivekananda School,
         Northern Extension,
         Hassan District - 573 201.             ...RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R-1, NOTICE TO R-2 - D/W V.C.O. DATED 05.10.2023)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2023 PASSED IN MVC NO. 856/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDL. MACT, HASSAN, 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.50,000/- (Rupees Fifty 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*