Ningegowda vs Chandan K G
2021 Latest Caselaw 6631 Kant

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     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 G.NARENDAR

                             &

             SRI. VIJAYKUMAR A. PATIL, MEMBER


                  M.F.A.No.4208/2021 (MV)
                 (Lok Adalat No.2478/2021)


BETWEEN:

1.    NINGEGOWDA
      S/O. LATE HIRIYANAGOWDA,
      AGED ABOUT 60 YEARS.

2.    RUDRAMMA
      W/O. NINGEGOWDA, NAGESHA
      AGED ABOUT 33 YEARS.

3.    JAYALAKSHMI.D
      D/O. NINGEGOWDA
      AGED ABOUT 33 YEARS.

4.    SHAKUNTALA
      D/O. NINGEGOWDA
      AGED ABOUT 30 YEARS.

5.    GOWRAMMA
      D/O. NINGEGOWDA
      AGED ABOUT 28 YEARS.
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       ALL ARE R/AT:JINENAKOPALU VILLAGE AND POST,
       HIRISAVE, C.R. PATNA TALUK
       HASSAN DISTRICT.

                                                ... APPELLANTS
(BY SRI. KAILASH SHANKAR P.S, ADVOCATE)


AND:


1.     CHANDAN K.G
       S/O. GURUSWAMAPPA
       KUNDAKERE VILLAGE AND POST,
       GUNDLUPET TALUK,
       CHAMARAJANAGAR DISTRICT.

2.     THE MANAGER
       NATIONAL INSURANCE CO. LTD.,
       REGIONAL OFFICE, NO.144, 2ND FLOOR,
       SHANKARANARAYANA BUILDING,
       M.G.ROAD, BANGALORE - 560001.


                                              ... RESPONDENTS

(BY SRI. E.I.SANMATHI, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.11.2020 PASSED IN MVC NO.3157/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU (SCCH-1), 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 are

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.3,20,000/- (Rupees Three Lakh and Twenty 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.2,00,000/- is directed to be invested in

Fixed Deposit in the name of the appellants/claimants equally in any

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

with liberty to the appellants/claimants to withdraw interest

periodically. The remaining amount of Rs.1,20,000/- is ordered to be

released in favour of the appellants/claimants equally, 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

PK