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Karnataka High Court

Revanakumarnaik G vs The M D Rns Infrastructure Ltd on 25 June, 2022

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 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
         BEFORE THE NATIONAL LOK ADALAT

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF JUNE, 2022

                CONCILIATORS PRESENT:

          THE HON'BLE MR.JUSTICE P.N DESAI
                        AND
         SRI P D SUBRAHMANYA, CONCILIATOR

                M.F.A.No.2371/2021 (MV)
               (Lok Adalat No.1858/2022)

BETWEEN :

REVANAKUMARNAIK G
S/O GANGYANAIK
AGED ABOUT 47 YEARS,
AGRICULTURIST AND TEACHER WORK
R/O KABBALA VILLAGE,
HOSADURGA TALUK,
NOW R/O AYYAPPASWAMY LAYOUT,
HOSADURGA TOWN
CHITRADRUGA DISTRICT-577 527.
                                      ...APPELLANT

       (BY SRI SHIVAKUMARAPPA T.C., ADVOCATE)

AND :

1.     THE M D. RNS INFRASTRUCTURE LTD.
       OWNER OF THE LORRY BEARING
       NO.KA-25-AA-4985.
       R/O NO.604/B, MURUDESHWAR BHAVANA
       GOKUL ROAD,
       HUBLI TOWN AND DISTRICT-580 030.
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2.   THE MANAGER
     NATIONAL INSURANCE COMPANY
     LIMITED,DONTY BUILDING,
     MEDEHALLY ROAD,
     P B NO.94,
     CHITRADURGA TOWN-577 501.
                                           ...RESPONDENTS

(BY SRI K N SRINIVASA., ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2020 PASSED IN MVC NO.45/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., JMFC, HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION, BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER 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 No.2 - 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 3 the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent No.2- Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent No.2-Insurance Company has agreed to pay a lump-sum of Rs.30,000/- (Rupees Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

3. The Respondent No.2- 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.

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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/-

CONCILIATOR *MN/-