Smt K Saraswathi vs Annappa M T
2021 Latest Caselaw 6482 Kant

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

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF DECEMBER 2021

                   CONCILIATORS PRESENT:

        THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
                             &
                  SMT. S.SUSHEELA, MEMBER

                  M.F.A.No. 6760/2021 (MV)
                 (Lok Adalat No. 2926/2021)
BETWEEN:
1.  SMT. K. SARASWATHI
    W/O LATE. SHYAM RAJU K,
    NOW AGED ABOUT 23 YEARS,

2.    K. MEENA,
      D/O LATE. SHYAMA RAJU K,
      NOW AGED ABOUT 6 YEARS,

3.    K. MANGAMMA
      W/O K. RAMACHANDRAPPA
      NOW AGED ABOUT 59 YEARS

4.    K. RAMACHANDRAPPA
      S/O MUNISWAMY
      NOW AGED ABOUT 64 YEARS

      NOTE: THE APPELLANT NO.2 IS SINCE
      MINOR REP BY HIS MOTHER AS A NATURAL
      GUARDIAN APPELLANT NO.1.

      APPELLANT NO.1 AND 2 ARE
      RESIDING AT NO.2-1,
      MUNIPALLI, DASARAPALLI,
      BAIREDDYPALLE, THEERTHAM,
      CHITOOR, ANDHRA PRADESH - 517 415
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       APPELLANT NO.3 AND 4 ARE,
       R/AT, NO.8-1, MUNIPALLE, THEERTHAM,
       CHITOOR, ANDHRA PRADESH,
                                               ... APPELLANTS
(BY SRI. RANGEGOWDA N R, ADVOCATE)


AND:
1.     ANNAPPA M.T.,
       S/O. THIMMEGOWDA,
       AGED MAJOR,
       NO.C-1-7, DRDO PHASE I,
       C.V.RAMAN NAGAR POST,
       DRDO QUARTERS,
       BANGALORE - 560 093

2.     BAJAJ ALLIANZ GENERAL INS CO., LTD.,
       NO.1/2, 4TH FLOOR,
       GOLDEN HEIGHTS BUILDING,
       59TH CROSS, 4TH M.BLOCK,
       RAJAJINAGAR,
       BANGALORE - 560 010
       REPRESENTED BY ITS MANAGER,
                                              ... RESPONDENTS

(BY SRI. B.PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:30.08.2019 IN MVC NO.2442/2018 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants is

present through video conferencing/Physical Hearing. 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 appellants/claimants

(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.6,00,000/- (Rupees Six Lakhs only), in addition to

what has been awarded by the claims 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, deposit and release of the enhanced

compensation amount shall be made in terms of the Judgement and

Award passed by the Claims Tribunal.

5. This Miscellaneous First Appeal stands disposed of in terms of

the Joint memo. The Judgment of the Tribunal shall stands modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER RN