Karnataka High Court
Nagaraja @ Nagarajappa vs Oriental Insurance Company Ltd on 12 March, 2022
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12th DAY OF MARCH, 2022
CONCILIATORS PRESENT:
THE HON'BLE MRS. JUSTICE S.SUJATHA
&
SMT. MANJULA N TEJASWI, MEMBER
M.F.A.No. 2649/2020 (MV)
(Lok Adalat No. 287/2022)
BETWEEN
SRI. NAGARAJA @ NAGARAJAPPA
S/O GANGANNA
AGED ABOUT 49 YEARS,
R/O NO.267, 5TH CROSS,
MUNESHWARA BADAVANE
DODDABIDARAKALLU
BENGALURU NORTH
KARNATAKA-560073. ... APPELLANT
(BY SRI. SPOORTHY HEGDE N., ADVOCATE)
AND
1. ORIENTAL INSURANCE COMPANY LTD.,
REP BY ITS REGIONAL MANAGER
DIVISIONAL OFFICER-12,
NO.1001/56, 2ND FLOOR,
JAYALAKSHMI MANSION,
DR. RAJKUMAR ROAD,
4TH BLOCK, RAJAJINAGAR,
BENGALURU-560010.
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2. M/S. S V T CONSTRUCTION
PARTNER- M.G. HANUMANTHA RAJU
MARAGONDANAHALLI VILLAGE
KAMBALLU POST, SOMAPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL. ... RESPONDENTS
(BY SRI. A.M. VENKATESH, ADVOCATE FOR R-1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 31.10.2018, PASSED IN MVC NO.5720/2016 ON THE FILE OF THE II-ADDITIONAL JUDGE AND XXVIII ACMM., COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, 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 3 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 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 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 and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/-
JUDGE Sd/-
MEMBER Rbv