Sri M Shekar vs Sri Promod B K
2023 Latest Caselaw 8375 Kant

Karnataka High Court

Sri M Shekar vs Sri Promod B K on 24 November, 2023

                                   1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF NOVEMBER 2023

                   CONCILIATORS PRESENT:

THE HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA
                                  &
             SMT. K.T. PREMALATHA, MEMBER
                   M.F.A.No. 2523/2021 (MV)
                   (Lok Adalat No. 2238/2023)
  BETWEEN:
  1.     Sri. M. Shekar
         S/o Late Marigowda,
         Aged about 48 years.

  2.     Master C.S. Kushalgowda
         S/o M. Shekar,
         Aged 20 years.

  3.     Kumari Rithu S. Gowda,
         D/o M. Shekar,
         Aged about 18 years.

  All are R/at Chikkankanahalli
  Village, Arakere Hobli,
  Srirangapatna Taluk,
  Mandya District - 571 401.                    ...APPELLANTS
              (BY SRI. N.D. MANJUNATH, ADVOCATE)
                                     2

    AND
    1.     Sri. Pramod B.K.
           S/o Krishnegowda, Major,
           R/at No.5/1, Lakshmi Building,
           1st Cross, Ramakrishna Mutt Road,
           Alasuru, Bangalore.

    2.     The Manager,
           Future General Insurance Co. Ltd.,
           3rd and 4th Floors, Sharwani
           Mansion, 100 Feet Road,
           2nd Block, East, Jayanagara,
           Bangalore - 560 041.                 ...RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R-2)

MFA FILED U/S 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31.08.2019 PASSED IN MVC NO. 971/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATNA, 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 Appellants - Claimants 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 appellants/claimants (being

authorized by the appellants/claimants to sign) and the learned advocate

appearing for the respondent-Insurance Company and its authorized officer is

filed. The appellants-claimants have agreed to receive and the respondent-

Insurance Company has agreed to pay a lump-sum of Rs. 5,20,000/- (Rupees Five

Lakhs Twenty 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. There are three claimants in the above appeal and if the compensation is

divided amongst the appellants/claimants, they will get lesser amount.

Therefore, the entire share amount shall be released in their favour, 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*