Ningarajamma vs N Roopashree
2021 Latest Caselaw 6676 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. 6086/2021 (MV)
                 (Lok Adalat No. 2832/2021)

BETWEEN:
1.  NINGARAJAMMA
    W/O LATE. RACHAIAH,
    NOW AGED ABOUT 46 YEARS,
    R/AT BEHIND KEB,
    ASHOKNAGAR, MALAVALLI,
    MANDYA - 571 430.

2.    SUNIL KUMAR
      S/O LATE. RACHAIAH,
      NOW AGED ABOUT 29 YEARS,
      R/AT. HURINAKOPPALU,
      KIRUGAVALU HOBLI,
      MALAVALLI, MANDYA - 571 424.

3.    ANIL
      S/O LATE. RACHAIAH,
      NOW AGED ABOUT 27 YEARS,
      R/AT, NO.1 HEGGURU VILLAGE,
      NEAR HONNARUTHI TEMPLE,
      BANNUR HOBLI,
      NARASIPURA TALUK,
      MYSORE - 571 101.


                                              ... APPELLANTS
      (BY SRI. RANGEGOWDA N R, ADVOCATE)
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AND:
1.     N. ROOPASHREE
       W/O P. SHIVAKUMAR,
       AGED MAJOR,
       M/S JATHIN TOURS AND TRAVELS,
       NO.369/C. 6TH CROSS,
       LAKSHMI ROAD,
       SHANTHINAGAR,
       BANGALORE - 560 027.

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. G.S.MARULAIAH, ADVOCATE FOR R2)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:08.09.2021 PASSED IN MVC NO.4529/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, 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.3,75,000/- (Rupees Three Lakhs and Seventy 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