Smt Divyashree S M vs Thirunavukkarasu P
2021 Latest Caselaw 6663 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 P.S.DINESH KUMAR
                             &
                 SMT. S.SUSHEELA, MEMBER
                 M.F.A.No. 3457/2021 (MV)
                (Lok Adalat No. 2831/2021)

BETWEEN:
    1.   SMT. DIVYASHREE S.M.
         W/O LATE. UMESH T.M.
         NOW AGED ABOUT 29 YERAS,

    2.    KUM. DIKSHA GOWDA T.V.
          D/O LATE. UMESH T.M
          NOW AGED ABOUT 9 YARS,

    3.    MASTER MOHAK GOWDA
          S/O LATE. UMESH T.M.
          NOW AGED ABOUT 5 YEARS,

    4.    SMT. GOWARAMMA
          W/O T.MALLANNA
          NOW AGED ABOUT 61 YEARS,

          ALL ARE RESIDING AT
          THYLOOR VILLAGE AND POST,
          ATHAGUR HOBLI,
          MADDUR TALUK,
          MANDYA DISTRICT - 571 433.
          NOTE: THE APPELLANT NO.2 ARE 3
          SINCE MINORS REP BY THEIR MOTHER
          AND NATURAL GUARDIAN SMT. DIVYASHREE S.M.
                                               ... APPELLANTS
          (BY SRI.N.R.RANGE GOWDA, ADVOCATE)
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AND:
       1.   THIRUNAVUKKARASU P
            S/O PERUMAL,
            AGED MAJOR,
            R/O NO.20/37, SOMAVARAKULAM,
            1ST STREET, THIRVANNAMALAI,
            TAMIL NADU - 606 601.

       2.   THE NEW INDIA ASSURANCE CO LTD.,
            COMPANY LTD., REGIONAL OFFICE,
            NO.9/2, MAHALAKSHMI CHAMBERS,
            MAHATMA GANDHI ROAD,
            BANGALORE - 560 001.
                                               ... RESPONDENTS

(BY SRI. A RAVISHANKAR, ADVOCATE FOR R2) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:19.03.2021 PASSED IN MVC NO.5396/2019 ON THE FILE OF THE VIII ADDITIONAL JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), 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.3,70,000/- (Rupees Three Lakhs and Seventy 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