Mutthamma vs R Aravindprabhu
2021 Latest Caselaw 6575 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 MRS. JUSTICE S.SUJATHA

                            &

            SMT. MANJULA N TEJASWI, MEMBER

                M.F.A.No. 4902/2021 (MV)
               (Lok Adalat No. 2691/2021)

BETWEEN:


    1. MUTTHAMMA
       W/O LATE THAMMANNA
       AGED 69 YEARS

    2. KAMALAMMA
       W/O CHIKKANNA
       AGED 42 YEARS

      BOTH ARE R/AT VINOBA COLONY VILLAGE
      KASABA HOLBI
      HUNAURU 571105

    3. ELLAMMA
       W/O LATE THAMMANNA'AGED 59 YEARS
       R/AT NO 1/21
       POST OFFICE STREET
       SOMWARPET
       CHAMARAJNAGAR TQ AND DIST 571236
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       4. NAGA
          S/O LATE THAMMANNA
          AGED 36 YEARS
          R/AT NO 206
          SOMWARPET
          CHAMARAJANAGAR TQ AND DISTRICT 571236

       5. KUMARA
          W/O LATE THAMMANNA
          AGED 34 YEARS
          R/AT NO 171
          SOMWARPET
          CHAMARAJANAGAR TQ AND DISTRICT 571236

       6. GAYATHRI
          W/O GANESH
          AGED 32 YEARS
          R/AT NO 25/2
          POST OFFICE STREET
          SOMWARPET
          CHAMARAGAJANGA TQ AND DIST 571236

                                                  ... APPELLANTS
       (BY, SRI. SREENIVASAN M Y ADVOCATE)
AND:
       1. R ARAVINDPRABHU
          S/O A RAJENDRAN
          MAJOR
          R/AT NO A 59, BHARTHIYAR STREET
          RAYAN NAGAR, SIRUMGAI
          METTUR PALYAM, CBE DIST 641301

       2. THE DIVISION MANAGER
          ORIENTAL INSURANCE CO LTD
          DO 2, MUSLIM HOSTEL COMPLEX
          OPP. FIRE BRIGADE, KUVEMPUNAGAR
          MYSURU 570023
                                                 ... RESPONDENTS

(BY SRI. JANARDHAN REDDY ADV., FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2021 PASSED IN MVC NO.11/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, 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.1,50,000/- (Rupees One Lakh Fifty 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