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Chethan N vs. Manmatha Rao

Final Order
Court:High Court of Karnataka (Bangalore)
Judge:Hon'ble Lok Adalath
Case Status:Disposed
Order Date:12 Mar 2022
CNR:KAHC010024972020

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Lok Adalath

Listed On:

12 Mar 2022

Order Text

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA LOKADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF MARCH, 2022

CONCILIATORS PRESENT:

THE HON'BLE MRS. JUSTICE M.G.UMA

&

SMT. S.SUSHEELA, MEMBER

M.F.A.No.2070/2020 (MV) (Lok Adalat No.805/2022)

BETWEEN

SRI. CHETHAN.N S/O.NARAYAN, AGED ABOUT 24 YEARS, R/AT. BOODUJAU ASHRAYA YOJANA QUARTERS HOUSE, NIDLE VILLAGE, BELTHANGADY TALUK, D.K.DISTRICT-574 214.

...APPELLANT

(BY SRI. RAJARAMA.S, ADVOCATE)

AND

1 . SRI. MANMATHA RAO AGED ABOUT 68 YEARS, S/O VENKATRAMANAYYA, R/AT HEBBARAHITHLU HOUSE, NIDLE VILLAGE, BELTHANGADY TALUK, D.K.DISTRICT. 2 . THE MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CENTENARY BUILDING, 2ND FLOOR, GHS ROAD, MANGALORE D.K.

…RESPONDENTS

(BY SRI. ASHOK N PATIL, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2019 PASSED IN MVC NO.2077/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T., BELTHANGADI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA 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.

  1. 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 lumpsum of Rs.2,00,000/- (Rupees Two Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

  2. 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.

  3. The entire enhanced compensation amount shall be disbursed in favour of the appellant – claimant, on proper identification.

  4. 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

3

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Order(1) - 12 Mar 2022

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