Nagamma vs Bharath P
2021 Latest Caselaw 6616 Kant

                             1


  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.6015/2021 (MV)
                 (Lok Adalat No.2698/2021 )


BETWEEN:

           NAGAMMA
           W/O LATE BOJEGOWDA
           NOW AGED ABOUT 53 YEARS
           R/A BYRAPATNA VILLAGE
           MALUR HOBLI
           CHANNAPATNA TALUK
           RAMANAGARA DISTRICT
           NOW R/A HOUSE NO.1003
           SIDDESHWARA NILAYA
           3RD CROSS, GANDHI NAGARA
           MANDYA
                                              ... APPELLANT
               (BY SRI. RAGHU R, ADVOCATE)
                                   2

AND:


         1. BHARATH P
            MAJOR, S/O PRABHU B C
            R/A NO.4/1, ROBERTSON ROAD (TOWN)
            2ND FLOOR
            FRAZER TOWN
            BANGALORE-56005

         2. THE MANAGER
            THE ORIENTAL INSURANCE CO. LIMITED.,
            D.O.2
            OPP. FIRE BRIGADE
            SASWATHIPURAM
            MYSURU-57
                                              ... 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 03.10.2020 PASSED IN MVC NO.275/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANDYA, 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 Appellant - Claimant is

present. 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 appellant/claimant

(being authorized by the appellant/claimant to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellant-claimant has agreed to receive

and the respondent-Insurance Company has agreed to pay a lump-

sum of Rs.1,95,000/- (Rupees One Lakh Ninety Five Thousand only),

in addition to what has been awarded by the 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.45,000/- is directed to be invested in

Fixed Deposit in the name of the appellant/claimant in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellant/claimant to withdraw interest periodically.

The remaining amount of Rs.1,50,000/- is ordered to be released in

favour of the appellant/claimant, on proper identification.

5. This Miscellaneous First Appeal stands disposed of in terms of

the Joint memo. The Judgment and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

VS