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Karnataka High Court

Sri. Ramalingam. S vs The Manager on 8 February, 2020

                              1


     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
                 BEFORE THE LOK ADALAT

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
         DATED THIS THE 8TH DAY OF FEBRUARY, 2020

                   CONCILIATORS PRESENT:

          THE HON'BLE MR JUSTICE ALOK ARADHE
                              &
              SRI VIJAYKUMAR A.PATIL, MEMBER

                   M.F.A.No.2731/2019 (MV)
                   (Lok Adalat No.225/2020)
BETWEEN:

SRI. RAMALINGAM .S
S/O SETTU
AGED ABOUT 22 YEARS
R/O NO.1/20
SUBAN RAO PETTAI
SATHYAVIJAYANAGARAM
ARANI TALUK
THIRUVANNAMALAI DISTRICT
TAMIL NADU STATE-632 317.
                                              ... APPELLANT

              (BY SRI VIJAY KUMAR T., ADVOCATE)

AND:

1.     THE MANAGER
       NEW INDIA ASSURANCE CO. LTD.,
       REGIONAL OFFICE, NO.2-B
       1ST FLOOR, UNITY BUILDING ANNEXE
       MISSION ROAD, BENGALURU-560 027.
                                       2


2.    SRI. SURESH KUMAR S
      S/O K. SUBBARAJULU
      R/O NO.748D, 1ST FLOOR
      RAMANIVAS, VINAYAKANAGAR
      OFF AIRPORT ROAD
      HAL POST, BENGALURU-560017.
                                                   ... RESPONDENTS

(BY SRI K.N. SRINIVASA, ADVOCATE FOR R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2019 PASSED IN MVC NO.1215/2017 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, MACT (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER The learned Counsel appearing for the appellant - claimant and the learned Counsel appearing for the 1st respondent - New India Assurance Company Limited 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 (being authorized by the appellant to sign) and the learned advocate appearing for the 1st respondent - Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the 1st respondent- Insurance Company has agreed to pay a lump-sum of Rs.1,26,000/- (Rupees One Lakh Twenty Six 3 Thousand Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

3. The 1st 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 SS