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Sri Manjunatha B V vs Sri Dinish B V

Sri Manjunatha B V vs Sri Dinish B V

Type Court Judgment Court Karnataka Decided Dec 14, 2024
~2 min read
https://sooperkanoon.com/case/1922466

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
MFA/5104/2022

Parties & Advocates

Appellant / Petitioner

Sri Manjunatha B V

Respondent

Sri Dinish B V

Excerpt

.....59th c cross, industrial suburb, rajajinagar 4th m block. bengaluru - 560 010 respondents (by sri. h.s. lingaraj, advocate for r-3) this mfa is filed u/s 173(1) of mv act against thejudgment and award dated 07.04.2022 passed in mvc no.chikkamagaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation. this appeal coming on for conciliation before national lok adalat, the following conciliationorder is passed:conciliation orderthe learned counsel appearing for the appellant - claimant is present. 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 signedby 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.1,00,000/- (rupees one 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 saidamount 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. judge member bkn

Full Judgment

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

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF DECEMBER 2024 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE C.M. JOSHI & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 5104/2022 (MV) (Lok Adalat No. 1957/2024) BETWEEN: SRI MANJUNATHA B.V, AGED ABOUT 28 YEARS, COOLIE WORKER, ...APPELLANT (BY SRI. VINOD GOWDA, ADVOCATE) AND

1. SRI DINESH B.V, AGED ABOUT 30 YEARS, CHIKKAMAGALURU DISTRICT - 577 101 DRIVER OF VEHICLE TATA ACE BEARING REGISTRATION NO.KA-18/C-3453.

2. SRI. LOKESH B.V, S/O SRI.VENKATARAMA, AGED ABOUT 34 YEARS,

3. THE MANAGER,

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4TH M BLOCK. BENGALURU - 560 010 RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 07.04.2022 PASSED IN MVC NO.

CHIKKAMAGALURU, 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

The learned Counsel appearing for the Appellant - Claimant is present. 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.1,00,000/- (Rupees One 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. 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. JUDGE MEMBER BKN

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Same Court & Year Karnataka · 2024 Same Parties Sri Manjunatha B V vs Sri Dinish B V Same Judge Lok Adalath

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