Rathnavathi vs Anil Kumar D
2021 Latest Caselaw 6699 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 B. VEERAPPA
                              &
            SRI. M.N. UMASHANKAR, MEMBER

                  M.F.A.No. 110/2020 (MV)
                 (Lok Adalat No. 3504/2021)

  BETWEEN

  1.     RATHNAVATHI
         NOW AGED 66 YEARS,
         W/O. NARAYANA RAI.

  2.     NARAYANA RAI
         NOW AGED 73 YEARS,
         S/O. AMMU RAI.

  BOTH APPELLANTS ARE
  R/O. DERLA HOSAMANE,
  KEYYUR VILLAGE, MADAVU POST,
  PUTTUR TALUK, DAKSHINA
  KANNADA DISTRICT-574201.                    ...APPELLANTS

          (BY SRI. VISHWANATHA POOJARY K, ADVOCATE)

  AND

  1.     ANIL KUMAR D
         NOW AGED 23 YEARS,
         S/O. JAYARAMA SHETTY,
                                      2

            R/O. D NO. 4-109,
            DERLA HOUSE,
            KEYYUR VILLAGE,
            MADAVU POST, PUTTUR TALUK,
            DAKSHINA KANNADA DIST-574 201.

      2.    THE MANAGER,
            ICICI LOMBARD GENERAL
            INSURANCE CO LTD
            MAXIMUS COMMERCIAL COMPLEX,
            2ND FLOOR, OFFICE NO. C-22,
            LIGHERT HOUSE, HILL ROAD,
            HAMPANKATTA, MANGALURU,
            DAKSHINA KANNADA DIST.575001.                RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R-2)

MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.03.2019 PASSED IN MVC NO.651/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, D.K, MANGALURU, SITTING AT PUTTUR, D.K, 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. 9,50,000/- (Rupees Nine

Lakhs 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 apportionment, deposit and release of the enhanced compensation

amount shall be made in terms of the Judgment and Award passed by the

Claims Tribunal.

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

Rbv