Gayithramma vs Anand S
2021 Latest Caselaw 6510 Kant

                             1


     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 G.NARENDAR

                             &

             SRI. VIJAYKUMAR A. PATIL, MEMBER


                  M.F.A.No.5387/2021 (MV)
                 (Lok Adalat No.2477/2021)


BETWEEN:

1.    GAYITHRAMMA
      W/O. THIMMEGOWDA,
      AGED ABOUT 51 YEARS.

2.    THIMMEGOWDA
      S/O. LATE. LAKKANNA GOWDA,
      AGED ABOUT 58 YEARS.

      BOTH ARE R/AT. HULLENAHALLI,
      NONAVINAKERE HOBLI,
      TIPTUR TALUK,
      NOW RESIDING AT SOMANAHALLI,
      SETTYKERE HOBLI,
      CHIKKANAYAKANAHALLI TALUK-572214.


                                             ... APPELLANTS
(BY SRI. SHANTHARAJ.K, ADVOCATE)
                                    2

AND:


1.     ANAND.S
       S/O. SHIVAKUMAR
       AGED ABOUT 35 YEARS,
       R/O. MARANAGERE,
       TIPTUR TOWN- 572201.
.

2. THE NATIONAL INS.CO. LTD., BY ITS MANAGER, KASTURI MANSION, ABOVE CORPORATION BANK, BEHIND KRISHNA TALIKES, M.G.ROAD, TUMKUR TOWN- 572101.

... RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.11.2020, PASSED IN MVC NO.1172/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, XIX MACT, JMFC, CHIKKANAYAKANAHALLI, 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 are

present. The learned Counsel appearing for the Respondents -

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.6,50,000/- (Rupees Six Lakhs and Fifty Thousand

only), in addition to what has been awarded by the Tribunal, in full and

final settlement of the claim.

3. The Respondents - 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 as per the Judgment and Award

passed by the Claims Tribunal.

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/-

MEMBER

PK