Smt Mahadevamma vs Shri Shivakumar P S
2021 Latest Caselaw 6593 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.3500/2021 (MV)
               (Lok Adalat No. 3059/2021)

BETWEEN:


1 . SMT MAHADEVAMMA
    W/O LATE DODDA SHETTY
    AGED ABOUT 41 YEARS
    R/AT PUTTANAPURA VILLAGE
    GUNDLUPET T ALUK
    CHAMARAJANAGAR DISTRICT 571111
2 . SMT. BHAGYA
    W/O NAGASHETTY
    AGED ABOUT 23 YEARS
    R/AT PUTTANAPURA VILLAGE
    GUNDLUPET T ALUK
    CHAMARAJANAGAR DISTRICT 571111
3 . BHAVYA
    D/O LATE DODDA SHETTY
    AGED ABOUT 21 YEARS
    R/AT PUTTANAPURA VILLAGE
    GUNDLUPET T ALUK
    CHAMARAJANAGAR DISTRICT 571111
                              2




                                                ... APPELLANTS

(BY SRI. SANATH KUMARA K M, ADVOCATE)
AND:

1.   SHRI SHIVAKUMAR P S
     S/O SHRI SUNDAR P G
     AGE MAJOR
     NO. 65/2
     7TH WARD
     OLD HOSPITAL ROAD,
     GUNDLUPET TALUK
     CHAMARAJANAGAR DISTRICT
     PIN 571111
2.   THE DIVSIONAL MANAGER
     SHRIRAM GENERAL INSURANCE CO. LTD.,
     NO. S/5, 2ND FLOOR
     MUNARISH CHAMBER
     INFANTRY ROAD
     BANGALORE 560001
                                            ... RESPONDENTS

(BY SRI. B C SHIVANNE GOWDA ADVOCATE FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2019 PASSED IN MVC NO.83/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, GUNDLUPET, 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 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