Shanthamma vs Manjunatha R
2021 Latest Caselaw 6613 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. 1003/2021 (MV)
               (Lok Adalat No. 2699/2021)

BETWEEN:

      1. SHANTHAMMA
         W/O LATE RANGASWAMY
         AGED ABOUT 41 YEARS
         R/A SANTHEMAVATHUR VILLAGE
         KASABA HOBLI
         KUNIGAL TALUK, TUMKUR DISTRICT

      2. KUM ARCHANA
         D/O LATE RANGASWAMY
         AGED ABOUT 22 YEARS
         R/A SANTHEMAVATHUR VILLAGE
         KASABA HOBLI, KUNIGAL TALUK
         TUMKUR DISTRICT

      3. LAKSHMAMMA
         W/O LATE RANGAPPA
         AGED ABOUT 63 YEARS
         R/A SANTHEMAVATHUR VILLAGE
         KASABA HOBLI, KUNIGAL TALUK
         TUMKUR DISTRICT

                                            ... APPELLANTS
                                    2




            (BY, SRI. RAGHU R ADVOCATE)
AND:
       1. MANJUNATHA R
          S/O RAMASWAMY
          MAJOR
          R/A NO.826
          MANCHAKALAKUPPE
          URDIGERE HOBLI
          HIREHALLI POST
          TUMKUR TALUK AND DISTRICT-572101

       2. THE MANAGER ORIENTAL INSURANCE CO LTD
          NO.44/45, 3RD FLOOR
          LEO SHOPPING COMPLEX
          RESIDENCY ROAD, BANGALORE-560025
                                           ... 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 31.05.2019 PASSED IN MVC NO.3217/2018 ON THE FILE OF THE XXI ADDITIONAL SCJ AND XIXI ACMM, MEMBER, MACT, BENGALURU (SCCH-23) 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 Respondents - 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 respondents - 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.2,45,000/- (Rupees Two Lakh Forty 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