1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

BEFORE THE LOKADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF AUGUST, 2021

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE S.G.PANDIT

&

SRI. I.S. PRAMOD CHANDRA, MEMBER

M.F.A.No.4620/2016(MV)

(Lok Adalat No.2091/2019)

BETWEEN:

SRI.V.S. NINGAPPA @ LINGAPPA

S/O H. SHIVALINGAIAH,

AGED ABOUT 34 YEARS,

R/AT UPPINAKERE VILLAGE,

MADDUR TALUK,

MANDYA DISTRICT.

...APPELLANT

(BY SRI. SHRIPAD.V.SHASTRI, ADVOCATE)

AND:

1.

M/S BERGGRUEN CAR RENTAL PVT. LTD.,

NO 16, GAJENDRA NAGAR, 18TH CROSS,

ANEPALYA MAIN ROAD,

BANGALORE - 560 030.

(RC OWNER OF THE CAR BEARING REG.

NO KA.03.A. 2808)

2

2.

BAJAJ ALLIANZ INS. CO. LTD.,

REGIONAL OFFICE,

POORNIMA TALKIES ROAD,

NEAR MAHAVEER JAIN COLLEGE,

BANGALORE.

(INSURER OF THE CAR BEARING

REG NO KA.03.AA.2808)

POLICY NO. OG-13-1701-1803-00000247

VALID FROM 18.04.2012 TO MID NIGHT ON

17.04.2013.

BY ITS MANAGER

...RESPONDENTS

(BY SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R2;

R1-NOTICE IS DISPENSED WITH)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT

AND AWARD DATED:5.1.2016 PASSED IN MVC NO.4851/2012 ON

THE FILE OF THE MEMBER, MACT, 20TH ADDITIONAL SMALL

CAUSES JUDGE, BENGALURU, 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.

3

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.7,00,000/- (Rupees Seven Lakh

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

4.

Out of the enhanced compensation, 50% shall be kept in Fixed Deposit

in any Nationalized/Schedule Bank in the name of the appellant for a period of

5 years with liberty to withdraw the accrued interest quarterly. The remaining

50% shall be released in favour of appellant, 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