Sri. Vishwanath v. Sri. Ayyakannu Renu Gopal

SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No.6567/2017 (MV) (Lok Adalat No. 840/2024) C/w M.F.A.No.2907/2017 (MV) (Lok Adalat No. 841/2024) IN MFA NO.6567/2017: BETWEEN Sri. Vishwanath, S/o Late Chikkamuniyappa, Aged about 28 years, Residing at Manchiganahalli Village, Mulbagal Taluk, Kolar District. ...APPELLANT (By Sri. Gopalkrishna N., Advocate) AND

#1. Sri. Ayyakannu Renu Gopal Senthil Kumar, S/o Renu Gopal, 2 Major in age, Residing at D. No.9-24/2, Gudipalli Village, V. Kota Post, Chittoor District-517 424.

#2. Sriram General Insurance Company Ltd., No.5, II Floor, Monarch Chambers, Infantry Road, Bangalore – 560 001, Rep. by its Manager. …RESPONDENTS (By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 30.11.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2016 PASSED IN MVC NO. 276/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT, KOLAR (ITINERATING AT MULBAGAL), PARTLY ALLOWING THE CLAIM PETITION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. IN MFA NO.2907/2017: BETWEEN Shriram General Insurance Company Ltd., No.5, 2nd Floor, Monarch Chambers, Infantry Road, Bangalore-560 001, Now Represented by its Manager, M/s. Shriram General Insurance Company Ltd., No.5/4, 3rd Floor, S.V. Arcade, Bilakahalli Main Road, 3 Off: BG Road, IIM Post, Bangalore – 560 076. ...APPELLANT (By Sri. B. Pradeep, Advocate) AND

#2. Sri. Vishwanath S/o Chikkamuniyappa, Now Aged about 27 years, R/o Manchiganahalli Village, Mulbagal Taluk – 563 313. Ayyakannu Renu Gopal Senthil Kumar, S/o Renu Gopal, Residing at D. No.9-24/2, Gudipalli Village, V. Kota Post, Chittoor District-517 319. …RESPONDENTS (By Sri. N. Gopalkrishna, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2016 PASSED IN MVC NO. 276/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT, KOLAR (ITINERATING AT MULBAGAL), AWARDING COMPENSATION OF RS.2,06,040/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 4 CONCILIATION ORDER The learned Counsel appearing for the Appellant – claimant is present. The learned Counsel appearing for the 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.4,50,000/- (Rupees Four Lakhs Fifty Thousand only), 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 5

#4. Out of the modified compensation amount, the compensation already ordered for fixed deposit by the Claims Tribunal shall be kept intact as it is, in favour of the appellant / claimant and the remaining compensation amount shall be released in favour of the appellant / claimant, on proper identification.

#5. Accordingly, M.F.A. No.6567/2017 stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.6567/2017, M.F.A. No. 2907/2017 filed by the respondent – Insurance Company is hereby disposed of. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv