Denise Thomas vs National Insurance Company Ltd
2021 Latest Caselaw 6516 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 G.NARENDAR

                                &

              SRI. VIJAYKUMAR A. PATIL, MEMBER


                   M.F.A.No.5233/2021 (MV)
                  (Lok Adalat No.2797/2021)


BETWEEN:

DENISE THOMAS,
S/O. K.T.THOMAS,
NOW AGED ABOUT 44 YEARS,
R/AT. NO.171/1, THUBARAHALLI,
WHITEFIELD POST,
BANGALORE NORTH,
BANGALORE-560 066.

                                              ... APPELLANT

(BY SRI. RANGEGOWDA N.R, ADVOCATE)

AND:


1.     NATIONAL INSURANCE COMPANY LTD.,
       REGIONAL OFFICE,
       NO.144, 2ND FLOOR, SUBHARAM COMPLEX,
       M.G.ROAD,
       BANGALORE- 560 001.
                                    2

2.    SOUJANYA TOURS AND TRAVELS,
      NO.6/3, BHOGANAHALLI, PANATHUR POST,
      BHOGANAHALLI MAIN ROAD,
      OPP. ANJANEYASWAMY TEMPLE,
      BANGALORE-560 103.
                                                     ... RESPONDENTS

(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:29.01.2021, PASSED IN MVC NO.7511/2018, ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-5, 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 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.1,35,000/- (Rupees One Lakh and Thirty Five Thousand

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.

Sd/-

JUDGE

Sd/-

MEMBER