HIGH COURT OF KARNATAKA
LOK ADALATH
SRI T S RAJAGOPAL – Appellant
Versus
M MEHABOOB – Respondent
MFA/3222/2012
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2021
CONCILIATORS PRESENT:
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
SMT.MANJULA N. TEJASWI, MEMBER
M.F.A.No.3222/2012 (MV)
(Lok Adalat No.1783/2021)
BETWEEN :
SRI. T.S.RAJAGOPAL,
S/O T.SUBBAIAH,
AGED ABOUT 57 YEARS,
RESIDING AT DOOR NO:33,
3RD MAIN ROAD, 3RD CROSS,
NAGARBHAVI MAIN ROAD,
KALYANANAGAR,
BANGALORE-56.
....APPELLANT
(BY SRI.G.NARASI REDDY, ADVOCATE.)
AND :
1.
M.MEHABOOB,
S/O ABDUL AZEEZ,
NO.30, 1ST CROSS,
KALASIPALYAM,
BANGALORE-560002.
2.
CHOLAMANDALAM,
GENERAL INSURANCE CO.LTD,
NO.9/1, ULSOOR ROAD,
2
BANGALORE.
REP. BY MANAGER.
…RESPONDENTS
(BY SRI.B. PRADEEP ADVOCATE FOR R2
SRI. O.MAHESH ADVOCATE FOR R2 .,.)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
04.10.2011 PASSEED IN MVC NO.3781/2010 ON THE FILE OF
THE 7TH ADDITIONAL JUDGE, MAMBER MACT-3, COURT OF
SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE
MEGA LOKADALAT, 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. 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
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filed. The appellant – claimant has agreed to receive
and the respondent – Insurance Company has agreed
to pay a lump-sum of Rs.90,000/- (Rupees Ninety
Thousand only) in addition to what has been awarded
by the Claims 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 released 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 of
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the Tribunal shall stands modified accordingly. Draw up
the award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
BH