Somashekara Rao vs Branch Manager
2023 Latest Caselaw 9044 Kant

Karnataka High Court

Somashekara Rao vs Branch 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. 7545/2023 (MV)
                     (Lok Adalat No. 2336/2023)
  BETWEEN

       Somashekara Rao S/o Dasahratha Rao,
       Aged about 47 years,
       R/o Chikkadakanahalli Village,
       Gavadagere Hobli, Hunasuru Taluk,
       Mysore District 570001
       Present Address,
       Harosomanahalli Village,
       Nuggehalli Hobli,
       Channarayapatna Taluk,
       Hassan District 573201
                                               ...APPELLANT
              (BY SRI. GIRISH B BALADARE, ADVOCATE)
  AND
  1.     Branch Manager,
         Sri Ram General Insurance Co Ltd,
         No 4/5, 12th Floor, S B Arcade,
         Belakalahalli Road,
                                   2

      Bannerughatta Main Road,
      Bengalore District 560076
2.    Maruthi Channappa Udagatti
      S/o Sannappa, Major, R/o Inchal Village,
      Belavangala Taluk, Belagavi District
                                       ...RESPONDENTS

(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R-1 ) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2023 PASSED IN MVC NO. 1857/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN (SITTING AT CHANNARAYAPATNA), 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.1,00,000/- (Rupees One Lakh 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*