Ningamma vs Bajaj Alliance General Insurance ...
2021 Latest Caselaw 6596 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 P.S.DINESH KUMAR
                            &
                 SMT. S.SUSHEELA, MEMBER

                 M.F.A.No. 3238/2021 (MV)
                (Lok Adalat No. 3008/2021)

BETWEEN:

1.    NINGAMMA,
      W/O SHIVASHANKAR,
      NOW AGED ABOUT 36 YEARS

2.    AMBARAYA,
      S/O SHIVASHANKAR,
      NOW AGED ABOUT 22 YEARS

3.    BHAGAMMA
      D/O. SHIVASHANKAR
      NOW AGED ABOUT 21 YEARS

4.    JAYASREE
      D/O. SHIVASHANKAR,
      NOW AGED ABOUT 18 YEARS
      ALL ARE RESIDING AT:
      MAIN ROAD, TADTEGNOOR,
      FARHATABAD, AFZALPUR,
      GULBARGA - 585 308
                                             ... APPELLANTS

(BY SRI. RANGEGOWDA N R, ADVOCATE)
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AND:


1.     BAJAJ ALLIANCE GENERAL INSURANCE CO LTD.,
       NO.31, TBR TOWERS, 1ST CROSS,
       NEW MISSION ROAD, ADJACENT TO JAIN COLLEGE,
       BANGALORE - 560 027

2.     MR. GYANCHAND BAFNA,
       NOW AGED MAJOR
       R/AT. NO.2, 1ST MAIN ROAD,
       CHAKRAVATHY IYENGAR L/O
       SHESHADRIPURAM,
       BANGALORE - 560 020
                                                     ... RESPONDENTS

(BY SRI. B.PRADEEP, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.08.2019 PASSED IN MVC NO.1031/2018 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES,BENGALURU SCCH-14, 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.2,80,000/- (Rupees Two Lakhs and Eighty 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 RN