Rajeswari vs K S Manjunatha
2021 Latest Caselaw 6672 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. 6558/2021 (MV)
                 (Lok Adalat No. 2919/2021)
BETWEEN:

1.    RAJESWARI,
      W/O LATE. RAJAPPA
      AGED ABOUT 27 YEARS,
      KATTIKANAPALLI,
      SEMBARAGANAPALLI,
      CHEMBARASANAPALLI,
      KRISHNAGIRI.T.N

2.    SAMPANGIRAMAIAH
      S/O KARIYAPPA
      AGED ABOUT 67 YEARS,

3.    JAYAMMA
      W/O SAMPANGIRAMAIAH
      AGED ABOUT 56 YEARS,

      ALL ARE RESIDING AT
      NO.122, SIDHI HOSAKOTE VILLAGE,
      KASABA HOBLI, ANEKAL TALUK,
      BENGALURU URBAN,
      BENGALURU - 562 106.
                                               ... APPELLANTS
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)
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AND:


1.     K.S.MANJUNATHA,
       S/O SEENAPPA
       MAJOR
       NO.3, KEMPAVADARAHALLI VILLAGE
       SIDHI HOSAKOTE,
       ANEKAL TALUK,
       BENGALURU - 562 106

2.     THE MANAGER,
       BAJAJ ALLIANZ GENERAL,
       INSURANCE CO.LTD., GROUND FLOOR,
       NO.31, TBR TOWER, 1ST CROSS,
       NEW MISSION ROAD,
       NEAR BENGALURU STOCK EXCHANGE,
       BENGALURU - 560 027

       (POLICY NO. OG-15-1701-1802-00013295,
       VALID FROM 18-06-2014
       TO 17-06-2015)
                                                 ... RESPONDENTS

(BY SRI. B.PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2021 PASSED IN MVC NO.460/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL, 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.7,00,000/- (Rupees Seven 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 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