HIGH COURT OF KARNATAKA
LOK ADALATH
SRI. KAMAL S – Appellant
Versus
SRI. NAGARAJA P – Respondent
MFA/9993/2018
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.9993/2018 (MV I)
(Lok Adalat No. 1107/2021 )
BETWEEN
SRI KAMAL. S,
S/O. SAMPATH,
AGED ABOUT 29 YEARS,
R/AT: NO.28/A/2,
8TH MAIN, J.C. NAGAR,
KURUBARAHALLI,
BANGALORE-560 086.
... APPELLANT
(BY SRI. K.P. BHUVAN, ADVOCATE)
AND
1.
SRI. NAGARAJA.P,
S/O. PUTTASHETTY,
NO.10/17, 9TH MAIN,
BASAVESHWARANAGAR,
KAMALANAGAR,
BANGALORE - 560 079.
2.
BAJAJ ALLIANZ GENERAL INSURANCE
CO., LTD.,
2
ISSURING OFFICE:GOLDEN HEIGHTS,
4TH FLOOR, NO.1/2, 59TH 'C' CROSS,
4TH 'M' BLOCK, RAJAJINAGAR,
BANGALORE - 560 010.
... RESPONDENTS
(BY SRI. P.B. RAJU, ADVOCATE FOR R2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED: 24.07.2018 PASSED IN MVC NO.2894/2016 ON THE
FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & MACT,
BENGALURU (SCCH-11) 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.50,000/- (Rupees Fifty
3
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
SMC