Smt. Amulya vs The Manager, Bajaj Allianz ...
2021 Latest Caselaw 6667 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. 3011/2021 (MV)
                  (Lok Adalat No. 3009/2021)
BETWEEN:
SMT. AMULYA
W/O LATE SHIVASWAMY
AGED ABOUT 22 YEARS
R/AT NAGANAHALLI,
HUTRIDURGA HOBLI,
KUNIGAL TALUK,
TUMAKURU DISTRICT
                                               ... APPELLANT
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)


AND:
1.     THE MANAGER,
       BAJAJ ALLIANZ GENERAL INSURANCE
       COMPANY LTD.,
       GOLDEN HIGHTS, 4TH FLOOR,
       NO.1/2, 59TH C-CROSS,
       4TH M-BLOCK,
       RAJAJINAGAR,
       BENGALURU - 560 010
       (INSURER OF MAHINDRA BOLERO
       BEARING NO.KA 06-D 0678)

2.     SMT. SARASWATHAMMA
       W/O GANGADHARAIAH,
                                        2




      MAJOR, R/O THIPPANAYAKANAHALLI
      IPPADI POST, KUNIGAL TALUK,
      TUMAKURU DISTRICT
      (R.C. OWNER OF MAHINDRA BOLERO
      BEARING NO. KA 06-D 0678)

3.    SMT. SAVANDAMMA,
      R/AT NAGANAHALLI,
      HUTRIDURGA HOBLI,
      KUNIGAL TALUK,
      TUMAKURU DISTRICT
      (MOTHER OF DECEASED SHIVASWAMY)
                                                    ... RESPONDENTS

(BY SRI. PRADEEP B, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.04.2021 PASSED IN MVC NO.5441/2018 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-13, 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.5,25,000/- (Rupees Five Lakhs and Twenty Five 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