Citation : 2023 Latest Caselaw 8384 Kant
Judgement Date : 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. 6994/2022 (MV)
(Lok Adalat No. 2224/2023)
BETWEEN:
Sri. Ananda K. @ Anand
S/o Krishnappa,
Aged about 31 years,
R/at No.86, Hithalahalli,
Shidlaghatta Taluk,
Chikkaballapura District - 562 102. ...APPELLANT
(BY SRI. K.V. NAIK, ADVOCATE)
AND
1. Siddaraju B.V.,
S/o Sri. Venkata Muniyappa S.,
Major, R/at Boodamakana Halli,
Hunkunda Post, Bangarapet Taluk,
Kolar District - 563 132,
(Owner of Car bearing Reg.
No. KA-07/A-5618).
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2. The Divisional Manager,
The Bajaj Allianz General
Insurance Company Limited,
No.1/2, 59th 'C' Cross,
4th Floor, 4th 'M' Block,
Golden Heights, Dr. Rajkumar Road,
Rajajinagar,
Bengaluru - 10. ...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 10.08.2022 PASSED IN MVC NO. 3224/2019 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT (SCCH-23), BENGALURU, 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. 2,75,000/- (Rupees Two Lakhs Seventy Five
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*
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