Govindappa Dead By Lrs vs Jagadeka K G
2021 Latest Caselaw 6559 Kant

  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 MRS. JUSTICE S.SUJATHA

                             &

            SMT. MANJULA N TEJASWI, MEMBER

                M.F.A.No. 1108/2021 (MV)
               (Lok Adalat No. 3001/2021)

BETWEEN:

    GOVINDAPPA DEAD BY LRS

    1. MALAMMA
       W/O. LATE GOVINDAPPA,
       AGED ABOUT 54 YEARS,
       RESIDING AT KURUDANAHALLI,
       KASABA HOBLI,
       SIRA TALUK-572 137.

    2 .RAVIKUMARA
       S/O. LATE GOVINDAPPA,
       AGED ABOUT 24 YEARS,
       RESIDING AT KURUDANAHALLI,
       KASABA HOBLI,
       SIRA TALUK-572 137.

    3 .NAGAVENI
       D/O. LATE GOVINDAPPA,
       AGED ABOUT 30 YEARS,
      RESIDING AT KURUDANAHALLI,
      KASABA HOBLI,
      SIRA TALUK-572 137.
                                  2




       4 . LOKESHWARI
           D/O. LATE GOVINDAPPA,
           AGED ABOUT 23 YEARS,
           RESIDING AT KURUDANAHALLI,
           KASABA HOBLI,
           SIRA TALUK-572 137.
                                                   ... APPELLANTS
            (BY, SRI. K. SHANTHARAJ ADVOCATE)
AND:
       1. JAGADEKA K G
          S/O. GOVINDAPPA,
          AGED ABOUT 49 YEARS,
          RESIDING AT KALIGONAHALLI,
          HUIKUNTE HOBLI,
          SIRA TALUK-572 137.

       2. THE ORIENTAL INSURANCE COMPANY LIMITED
          BY ITS MANAGER,
          DIVISIONAL OFFICE,
          NO.1001/56,
          JAYALAKSHMI MANSION,
          2ND FLOOR, DR. RAJKUMAR ROAD,
          BENGALURU-560 010.
                                            ... RESPONDENTS

(BY SRI. JANARDHAN REDDY ADV., FOR RESPONDENT NO.2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.3.2020 PASSED IN MVC NO.600/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, ADDITIONAL MACT, SIRA, 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.4,75,000/- (Rupees Four Lakh Seventy Five Thousand

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 Judgment 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

VS