Smt.Shivamma vs Bajaj Allianz Genins Co Ltd
2021 Latest Caselaw 6638 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. 3661/2021 (MV)
                  (Lok Adalat No. 2917/2021)
BETWEEN:
1.  SMT. SHIVAMMA
    W/O. LATE. SIDDARAJU,
    AGED 47 YEARS,

2.    SMT. SUMA
      W/O. LATE. SIDDARAJU,
      AGED 28 YEARS

3.    THEJA.S.,
      W/O. SURESHA.M.K.,
      AGED 27 YEARS,

4.    SRI. PRASANNA.S.
      S/O. LATE. SIDDARAJU,
      AGED 25 YEARS,

5.    SRI. CHOTTALAIAH
      @ RACHAIAH,
      S/O. LATE. RACHAIAH,
      AGED 72 YEARS,

6.    SMT. KALAMMA
      W/O. CHOTTALAIAH @ RACHAIAH,
      AGED 67 YEARS,
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       ALL ARE R/AT: KULUMEBHEEMASANDRA VILLAGE,
       HAROHALLIHOBLI,
       KANAKAPURA TALUK,
       RAMANAGARA DIST - 562 117

       2ND AND 3RD APPELLANTS PREVIOUSLY,
       R/AT: MEDAMARANAHALLI VILLAGE,
       HAROHALLIHOBLI, KANAKAPURA TALUK,
       RAMANAGARA DISTRICT - 562 117

       PREVIOUSLY 5TH AND 6TH APPELLANTS
       R/AT: ARALALSUSANDRA VILLAGE,
       KANAKAPURA TALUK,
       RAMANAGARA DIST - 562 117
                                                 ... APPELLANTS
(BY SRI. PRAKASH M H, ADVOCATE)


AND:
1.     BAJAJ ALLIANZ GENINS CO LTD.,
       NO.105-A TO 107-A, 1ST FLOOR,
       CEARS PLAZA, NO.136,
       RESIDENCY ROAD,
       BANGALORE - 560 025
       REP BY ITS MANAGER

2.     SRI. SIVAGANESAN.
       S/O. NATESAN,
       AGED: MAJOR,
       PROPRIETOR GLOBAL HEALTH CARE SERVICE,
       NO.36, NEW CORP QUART,
       JAKKARAYANAKERE,
       SHESHADRIPURAM,
       BANGALORE - 560 020.
                                                ... RESPONDENTS

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

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 15.03.2021 PASSED IN MVC NO.2709/2019 ON THE FILE OF THE MEMBER, MACT, XVIII

ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), 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.4,60,000/- (Rupees Four Lakhs and Sixty 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgement 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

RN