Karnataka High Court
Ramachandraiah C V vs Mohan C R on 13 July, 2024
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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 13TH DAY OF JULY, 2024
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
&
SRI M.N.UMASHANKAR, MEMBER
M.F.A.NO.4055/2023 (MV)
(Lok Adalat No.2365/2023)
BETWEEN
1. Ramachandraiah C V
S/o Late Venkatesh
Aged about 29 years
2. Manu C V
S/o Late Venkatesh
Aged about 16 years
The appellant No.2 is minor
Represented by his brother
1st appellant-Ramachandraiah C V
As next friend as natural guardian
3. Nagarathnamma
D/o Late Venkatesh
Aged about 28 years
All are R/at Cholapura
Hebbur Hobli
Tumakuru Taluk
District Tumakuru - 577 101
...Appellants
(By Sri M.B.Ryakha, Advocate)
AND
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1. Mohan C R
S/o Rangaswamaiah
Aged about 37 years
R/at Cholapura
Hebbur Hobli
Tumakuru Taluk and
Tumakuru District - 577101
2. The Manager
M/s Cholamandalam General
Insurance Company Ltd.,
Office: Opposite to
Tumakuru University
B.H.Road, Tumakuru-577101
...Respondents
(By Sri H.S.Lingaraju, Advocate for R2) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 30.09.2022 passed in MVC No.164/2020 on the file of the II Additional District Judge and MACT, Tumakuru, 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 is passed.
CONCILIATION ORDER Learned counsel appearing for the appellants- claimants is present. 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 appellants/claimants -3- (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh), 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 apportionment, release and deposit of the enhanced compensation amount shall be in terms of the award passed by the claims Tribunal.
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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 Award accordingly.
Sd/-
JUDGE Sd/-
MEMBER KMV