2023 Supreme(Online)(KAR) 19429
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE 2023
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE C.M. JOSHI
&
SRI. R.P. D’SOUZA, MEMBER
M.F.A.No. 7227/2022 (MV)
(Lok Adalat No.1570/2023)
BETWEEN
Smt. Shruthi C. W/o Chandrappa M.,
Aged about 31 years,
R/o 84, Thuppadahalli,
Chitradurga-577 539, Karnataka.
... APPELLANT
(BY SRI. HARISH N.R., ADVOCATE)
AND
1 .
Mr. Girish K.C. S/o Chandrappa,
Kudlur Village and Post,
Tarikere Taluk, Chikkamangaluru
District – 577 549.
2.
The Divisional Manager,
National Insurance Co. Ltd.,
#144, 2nd Floor, Shubharam
Complex, M.G. Road,
Bengaluru – 560 001.
…RESPONDENTS
(BY SRI. A.M. VENKATESH, ADVOCATE FOR R-2)
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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED 26.11.2019 PASSED IN MVC NO. 5059/2018 ON THE
FILE OF THE I ADDL. SMALL CAUSES JUDGE AND XXVII ACMM AND
MACT (SCCH-11), BANGALORE, 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.
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.
After prolonged negotiations, the matter is settled. The appellant -
claimant has agreed to receive and the respondent-Insurance Company has
agreed to pay a lump-sum of Rs.20,000/- (Rupees Twenty Thousand only), in
addition to what has been awarded by the Tribunal, in full and final settlement
of the claim. We are satisfied that the settlement is just proper and is in the interest
of justice and equity. Therefore, 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.
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4.
The entire enhanced compensation amount shall be released in favour of
the appellant – claimant, on proper identification.
5.
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.
6.
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