Smt Bhagyamma vs The Regional Manager
2021 Latest Caselaw 6620 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 MR. JUSTICE B. VEERAPPA
                             &
              SRI. M.N. UMASHANKAR, MEMBER

                  M.F.A.No.4913/2020 (MV)
                 (Lok Adalat No.3110/2021)

BETWEEN
1.    SMT BHAGYAMMA
      W/O NARASIMHA MURTHY
      @ MURTHAPPA,
      AGED ABOUT 39 YEARS,

2.    SRI NARASIMHA MURTHY
      @MURTHAPPA,
      S/O GOLLAYYA,
      AGED ABOUT 45 YEARS,

3.    KUMARI GEETHA
      D/O NARASIMHA MURTHY
      @ MURTHAPPA,
      AGED ABOUT 16 YEARS,
      SINCE MINOR REPRESENTED BY HER
      NATURAL GUARDIAN MOTHER I.E.
      1ST APPELLANT HEREIN,
                              2

      ALL ARE R/AT S.KODAGEHALLI AT POST,
      KASABA HOBLI, GUBBI TALUK,
      TUMKUR DISTRICT 572216.
                                              ... APPELLANTS
(BY SRI. VIJAY KUMAR T., ADVOCATE)

AND
1.    THE REGIONAL MANAGER
      IFFCO TOKIO GENEAL INSURANCE CO.LTD.,
      NO.8, KSCMFC BUILDING, 3RD FLOOR,
      3RD BLOCK, CUNNINGHAM ROAD,
      BENGALURU 560082

2.    MR LAKSHMANA B H
      S/O HUCHAIAH,
      MAJOR,
      R/AT BUNNIKUPPE VILLAGE,
      SINGNAHALLI POST, HEBBUR HOBLI,
      TUMKUR TALUK AND DISTRICT
      572120
                                              ...RESPONDENTS

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

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.02.2019 PASSED IN MVC NO.1432/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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. 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.8,00,000/- (Rupees Eight Lakhs 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. Apportionment, deposit and release of the entire 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 off 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

NM/-