Smt Malamma vs The Branch Manager
2021 Latest Caselaw 6689 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 G.NARENDAR

                              &

              SRI. VIJAYKUMAR A. PATIL, MEMBER


                   M.F.A.No.7279/2019 (MV)
                  (Lok Adalat No.2499/2021)


BETWEEN:

SMT. MALAMMA
W/O. NINGEGOWDA
AGED ABOUT 57 YEARS,
R/O. DEVIGERE VILLAGE,
KASABA HOBLI,
CHANNARAYANPATNA TALUK
HASSAN DISTRICT- 573201.

                                              ... APPELLANT
(BY SRI. VIJAY KUMAR.T, ADVOCATE)


AND:

1.     THE BRANCH MANAGER
       NATIONAL INSURANCE CO. LTD.,
       DIVISIONAL OFFICE-670001
       NO.2951, J.L.B.ROAD, CHAMUNDIPURAM
       MYSURU-570004.
                                  2

2.   SRI. R.D.KUMAR
     S/O. RANGAIAH
     AGED ABOUT 42 YEARS,
     R/O. DEVIGERE VILLAGE,
     NUGGEHALLI HOBLI
     CHANNARAYAPATNA TALUK
     HASSAN DISTRICT- 573201.

3.   SRI. B.KRISHNEGOWDA
     S/O. BOREGOWDA,
     MAJOR,
     R/O. YELIYURU KOPPALU,
     DANDIGANAHALLI HOBLI,
     CHANNARAYAPATNA TALUK
     HASSAN DISTRICT- 573201.

                                                  ... RESPONDENTS

(BY SRI. RAVISH BENNI, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.10.2018 PASSED IN MVC NO.521/2017 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), 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. 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.50,000/- (Rupees Fifty Thousand only), in addition to what

has been awarded by the 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 entire enhanced compensation amount shall be released in

favour of the appellant/claimant, on proper identification.

5. This Miscellaneous First Appeal stands disposed of in terms of

the Joint memo. The Judgment and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

PK