Smt Vijayamma vs The Oriental Insurance Company ...
2021 Latest Caselaw 6700 Kant

  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 MRS. JUSTICE S.SUJATHA

                           &

            SMT. MANJULA N TEJASWI, MEMBER

                M.F.A.No. 3102/2021 (MV)
               (Lok Adalat No. 2689/2021)

BETWEEN:

    1. SMT VIJAYAMMA
       AGED ABOUT 35 YEARS
       W/O LATE GANGADHARAPPA G
       AND R/O GANGAMMA TEMPLE ROAD, YELAHANKA
       BENGALURU-560064.
       PERMANENT ADDRESS
       HIREBIDANUR GANGASANDRA POST
       GOWRIBIDANUR TALUK
       CHIKKABALLAPURA DISTRICT-561208.

    2. MASTER PUNITH
       AGED ABOUT 15 YEARS
       S/O LATE GANGADHARAPPA AND
       R/O GANGAMMA TEMPLE ROAD, YELAHANKA
       BENGALURU-560064.
       MINOR REPRESENTED BY THEIR MOTHER
       AND NATURAL GUARDIAN THE APPELLANT NO.1

      PERMANENT ADDRESS-HIREBIDANUR GANGASANDRA POST
      GOWRIBIDANUR TALUK
      CHIKKABALLAPURA DISTRICT-561208.
                                2




       3. MASTER PRASHANTH G
          AGED ABOUT 13 YEARS
          S/O LATE GANGADHARAPPA AND R/O
          GANGAMMA TEMPLE ROAD, YELAHANKA
          BENGALURU-560064.
          MINOR REPRESENTED BY THEIR MOTHER
          AND NATURAL GUARDIAN THE APPELLANT NO.1

         PERMANENT ADDRESS-HIREBIDANUR GANGASANDRA POST
         GOWRIBIDANUR TALUK
         CHIKKABALLAPURA DISTRICT-561208.

                                                  ... APPELLANTS
       (BY SRI. NAGARAJA REDDY D, ADVOCATE)
AND:
         1. THE ORIENTAL INSURANCE COMPANY LTD.,
            REGIONAL OFFICE
            NO.44/45
            LEO SHOPPING COMPLEX
            RESIDENCY ROAD
            BENGALURU-560001.
            REP BY ITS MANAGER

         2. SRI KANCHIKAMA MEDICAL TRUST
            VARTHUR MAIN ROAD
            KUNDANAHALLI GATE
            BENGALURU-560037
            REP BY ITS MANAGING DIRECTOR
                                              ... RESPONDENTS

(BY SRI. JANARDHAN REDDY ADV., FOR R-1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT DATED 29.11.2018 PASSED IN MVC NO.6155/2016 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-16 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.3,90,000/- (Rupees Three Lakhs Ninety 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 Judgment 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

VS