Karnataka High Court
Smt. K Jagada vs Sri. P Nagaraju on 18 December, 2021
Bench: Lok Adalath
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. 5308/2020 (MV)
(Lok Adalat No. 1846 /2021)
BETWEEN:
1. SMT. K JAGADA
W/O LATE K NARASIMHALU,
AGED ABOUT 41 YEARS,
RESIDENTS OF NO 3-45,
CHARVAKANIPALLI, H W COLONY,
PENAMUR MANDAL, CHITTOOR DISTRICT
ANDHRA PRADESH
2. K NIRMALA
D/O LATE K NARASIMHALU,
AGED ABOUT 21 YEARS,
RESIDENTS OF NO 3-45, CHARVAKANIPALLI,
H W COLONY, PENAMUR MANDAL,
CHITTOOR DISTRICT ANDHRA PRADESH
3. K HEMASUNDAR
S/O LATE K NARASIMHALU,
AGED ABOUT 19 YEARS, RESIDENTS OF NO 3-45,
CHARVAKANIPALLI, H W COLONY, PENAMUR MANDAL,
CHITTOOR DISTRICT ANDHRA PRADESH
2
4. K KRISHNAIAH
S/O GANGAIAH, AGED ABOUT 64 YEARS,
RESIDENTS OF NO 3-45, CHARVAKANIPALLI,
H W COLONY, PENAMUR MANDAL,
CHITTOOR DISTRICT ANDHRA PRADESH
5. K SALEMMA
W/O K KRISHNAIAH, AGED ABOUT 59 YEARS,
RESIDENTS OF NO 3-45, CHARVAKANIPALLI,
H W COLONY, PENAMUR MANDAL,
CHITTOOR DISTRICT ANDHRA PRADESH
... APPELLANTS
(BY SRI. KAILAS SHANKAR P S ADVOCATE)
AND:
1. SRI. P NAGARAJU
S/O P SUBRAMANYAM, R/O NO 205,
PULLURU VILLAGE AND POST,
IRALA MANDAL, CHITTOOR DISTRICT 517130,
ANDHRA PRADESH
2. THE MANAGER
ORIENTAL INSURANCE CO LTD. LEO
SHOPPING COMPLEX, RESIDENCY ROAD
CROSS, M G ROAD, BANGALORE 560001
... 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 16.2.2017 PASSED IN MVC
NO.4767/2016 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (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.4,00,000/- (Rupees Four lakhs 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
