Sri. Nagaraju. P vs Bajaj Allianz General Insurance Co. Ltd
2023 Latest Caselaw 8397 Kant

Karnataka High Court

Sri. Nagaraju. P vs Bajaj Allianz General Insurance Co. Ltd 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. 4594/2023 (MV)
                    (Lok Adalat No. 2231/2023)
  BETWEEN:
  1.     Sri. Nagaraju P.
         S/o Late Puttarangappa,
         Aged about 51 years.

  2.     Sri. N. Kiran Kumar
         S/o Nagaraju P.,
         Aged about 27 years.

  3.     Kum. N. Sudha
         D/o Nagaraju P.,
         Aged about 23 years.

  All are R/at Dinne Hunasenahalli,
  Myalya Post, Gowribidanur
  Taluk, Chikkaballapur District - 6561 208.         ...APPELLANTS
                (BY SRI. GANGARAJU C., ADVOCATE)
  AND
  1.     Bajaj Allianz General Insurance Co. Ltd.,
         Golden Heights, 4th Floor,
                                      2

          #1/2, 59th 'C' Cross, 4th 'M'
          Block, Rajajinagar,
          Bengaluru - 560 010.

          (Insurer of Maruthi Omni
          Bearing Regn. No. KA-05/MF-3935),
          (Policy #OG-21-1701-1801-00012184
          Valid from 27.8.2020 to 26.8.2021).

    2.    Sri. G.R. Arunkumar,
          Aged about 50 years,
          S/o K.V. Ramaiah Shetty,
          Vidyanidhi Public School,
          B.H. Road, Gowribidanur Town,
          Chikkaballapur District-561 208.      ...RESPONDENTS

(BY SRI. P.S. JAGADISH, ADVOCATE FOR R-1)

MFA FILED U/S 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 12.12.2022 PASSED IN MVC NO. 2735/2021 ON THE FILE OF THE VII ADDL. SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, 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 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. 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 1st 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*