Pradeepa vs Swamy Gowda
2024 Latest Caselaw 1359 Kant

Karnataka High Court

Pradeepa vs Swamy Gowda on 16 January, 2024

                                    1


HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JANUARY 2024

                   CONCILIATORS PRESENT:

  THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                                 &
             SMT. K.T. PREMALATHA, MEMBER
                   M.F.A.No. 1634/2022 (MV)
                    (Lok Adalat No. 57/2024)
  BETWEEN:
  Pradeepa S/o Manje Gowda,
  Aged about 22 years,
  Konnanakoppalu,
  Doddamagge (H),
  Arkalgudu Taluk,
  Hassan District.

  Presently residing at
  Dyavamma Extension,
  Near New Bus Stand,
  Channapatanna-573 201.                              ...APPELLANT
                   (By Sri. Girish B. Baladare, Advocate)

  AND:
  1.     Swamy Gowda,
         S/o Revanna Gowda,
         Kurubarakoppalu Village,
         Doddamagge Hobli,
                                      2

          Arkalagudu Taluk,
          Hassan District-573 201.
    2.    L and T General Insurance Co. Ltd.,
          No.646, Kiran Mansions,
          1st Floor, Chamaraja Double
          Road, Chamaraja Mohalla,
          Mysore - 570 001,
          HDFC ERGO General Insurance
          L & T General Insurance Company,
          Hence represented by
          HDFC ERGO General Insurance,
          No.2/1-1, 2nd Floor, 11th Main Road,
          3rd Block, Jayanagar,
          Bangalore, Karnataka-560 011.              ...RESPONDENTS

(By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 - d/w v.c.o. dated 02.11.2023)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2020 PASSED IN MVC NO. 258/2017 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE 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 amicably. 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. Hence, the Joint Memo is accepted.

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 disbursed 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