Smt Lakshmi @ Aruna vs M/S New India Assurance Co Ltd
2021 Latest Caselaw 6623 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 P.S.DINESH KUMAR

                           &

                SMT. S.SUSHEELA, MEMBER


                  M.F.A.No.101/2021(MV)
                (Lok Adalat No.2596/2021)


BETWEEN:
    1.   SMT: LAKSHMI @ ARUNA
         W/O LATE NAVEEN
         @ NAVEEN KUMAR,
         AGED ABOUT 26 YEARS,
         RESIDENT OF
         (AADHAAR CARD ADRESS)
         CHATTENAHALLI VILLAGE,
         HOLAVANAHALLI HOBLI,
         KORATAGERE TALUK,
         TUMKUR DISTRICT,

         (ELECTION IDENTITY CARD ADDRESS)
         NO.179, 3RD CROSS,
         KEMPEGOWDA LAYOUT,
         LAGGERE BANGALORE - 58.

         (RATION CARD ADDRESS)
         NO.151, SRIRAMA NAGAR,
         KAMAKSHIPALYA, BANGALORE - 79.
                                   2

            PRESENTLY RESIDING AT
            NO.26, "E" BLOCK,
            1ST MAIN ROAD, KSCB QUARTERS,
            LAKSHMI DEVI NAGAR,
            NANDINILAYOUT,
            BANGALORE - 96.
                                               ... APPELLANT


       (BY SRI. R LAKSHMANA, ADVOCATE)


AND:
       1.   M/S. NEW INDIA ASSURANCE
            CO .LTD, BY ITS MANAGER,
            NO.2-B, UNITY BUILDINGS ANNEXE,
            P.KALINGA RAO ROAD,
            MISSION ROAD,
            BANGALORE - 27.

       2.   SRI: R.NAGENDRA
            PROPRIETOR OF SAI RAM TRANSPORT,
            NO.92, 1ST FLOOR, 1ST CROSS,
            KRISHNA ROAD,
            GRUHALAKSHMI LAYOUT,
            BASAVESHWARANAGAR,
            BANGALORE - 79.

       3.   M/S UNIVERSAL SOMPO
            GENERAL INSURANCE CO. LTD,
            REPRESENTED BY ITS MANAGER,
            NO.217/A, 3RD FLOOR,
            K.V.V. SAMRAT,
            3RD MAIN, OUTER RING ROAD,
            OPPOSITE TO SAILS FACTORY,
            KASTURI NAGAR,
            BANGALORE - 43.

       4.   SRI: SRINIVASA.V.
            S/O VENKATESHAIAH,
            RESIDENT OF NO.244,
                                    3

            5TH MAIN ROAD,
            ARUNDATHINAGAR,
            CHANDRA LAYOUT,
            BANGALORE - 560 039.
                                                      ... RESPONDENTS

(BY SRI. G.S.MARULAIAH, ADVOCATE FOR R1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.08.2020, PASSED IN MVC NO.169/2019, ON THE FILE OF THE XX-ADDITIONAL SMALL CAUSES JUDGE AND ACMM., AND MACT, BENGALURU (SCCH-22), 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 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 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.15,000/- (Rupees Fifteen 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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification.

5. The 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