HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA LOK ADALAT/e-LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF DECEMBER, 2020

CONCILIATORS PRESENT:

THE HON'BLE MR. JUSTICE S.G.PANDIT

&

SRI.VENKATESH.P.DALWAI, MEMBER

M.F.A.No. 6718/2016 (MV) (Lok Adalat No. 2165/2019)

BETWEEN

SURESH KUMAR @ SURESH KUMAR PANDIT, S/O MOHANLAL @ MOHANLAL BHAT, AGED 54 YEARS, R/AT # 19/1, 1ST MAIN ROAD, 1ST CROSS, DODDAPPAIAH LAYOUT, NAGASHETTIHALLI, BENGALURU – 560 094.

... APPELLANT

(BY SRI. SRIDHAR D.S., ADVOCATE)

AND

• 1. D. RANGIAH S/O DODDABIMAIAH, MAJOR, NO. E-5, MUNESWARA LAYOUT, 1ST MAIN, VI CROSS, HEGGANAHALLI, BENGALURU – 560 091.
• 2. M/S NATIONAL INSURANCE CO. LTD.,

SUBHARAM COMPLEX, 2ND FLOOR, M.G. ROAD, BENGALURU – 560 001. REPRESENTED BY ITS MANAGER.

... RESPONDENTS

( BY SRI. SHIVARAJ PATIL, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.04.2016, PASSED IN MVC NO.2809/2015, ON THE FILE OF THE ADDITIONAL SMALL CAUSES JUDGE AND XXVII ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT/e-LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant is present through video conferencing/Physical Hearing. 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.75,000/- (Rupees 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 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

SMJ/NS