HIGH COURT OF KARNATAKA
LOK ADALATH
SRI DODDA THIMANNA @ T THIMMANNA – Appellant
Versus
SRI SURESH BABU – Respondent
MFA/6027/2019
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOKADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2021
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE S.G.PANDIT
&
SRI. I.S. PRAMOD CHANDRA, MEMBER
M.F.A.No.6027/2019(MV)
(Lok Adalat No.956/2021)
BETWEEN:
1.
SRI. DODDA THIMANNA @ T.THIMMANNA
S/O. THIMMANNA,
AGED ABOUT 41 YEARS,
SHEEP REARING WORK
2.
SRI. RAGHU @ T. RAGHAVENDRA,
S/O. THIMMANNA,
AGED ABOUT 34 YEARS,
SHEEP REARING WORK
3 .
SRI. VENKATESH,
S/O. CHITHAPPA,
AGED ABOUT 41 YEARS,
SHEEP REARING WORK,
ALL PETITIONERS ARE R/AT:
KATAPPANAHATTY VILLAGE,
YARABALLY MAJURE
HIRIYUR TALUK
2
CHITRADURGA DISTRICT-572 143.
...APPELLANTS
(BY SRI. SATHISHA T, ADVOCATE )
AND:
1.
SRI. SURESH BABU
S/O. SUGTHANA
AGED ABOUT 52 YEARS,
R.C. OWNER OF THE TANKER
LORRY BEARING NO.MH.04 CG-5704
R/O. ROOM NO.2 KAJU PADA
KHANNA CHAWL GHOD BUNDER ROAD,
THANE (WEST) -400601
MAHARASHTRA STATE.
2 .
THE MANAGER,
M/S BAJAJ ALLIANZ GENERAL
INSURANCE COPMPANY LTD.,
NO.31, T.B. TOWER 1ST CROSS,
NEW MISSION ROAD,
BENGALURU-560002
NOW RESIDING AT:
THE LEGAL MANAGER
M/S. BAJAJ ALLIANZ GENERAL
INSURANCE COMPANY LTD.,
NO.1/2, GOLDAN HAIGHTS
4TH FLOOR, 59TH C CROSS,
4TH M BLOCK, RAJAJINAGAR,
BENGALURU-560 010 .
...RESPONDENTS
(By SRI. B PRADEEP, ADVOCATE FOR R-2 )
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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED02.04.2019 PASSED IN MVC NO.121/2013 ON
THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT,
HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE
LOKADALAT, 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. 25,000/- (Rupees Twenty Five
Thousand only), in addition to what has been awarded by the Tribunal, in full
and final settlement of the claim.
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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 appellants – claimants in equal proportion, 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
SMC