Smt Prema vs Sri Nagarajan S
2021 Latest Caselaw 6713 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. 8790/2019 (MV)
                  (Lok Adalat No. 2581/2021)

BETWEEN:
       1. SMT. PREMA,
          W/O LATE SRINIVASA,
          AGED ABOUT 45 YEARS

       2. HEMANTH.S,
          S/O LATE SRINIVASA,
          AGED ABOUT 22 YEARS

         BOTH ARE RESIDING AT
         NO.15, 6TH MAIN, 6TH CROSS,
         KAMALANAGAR,
         BENGALURU- 560 079.
                                               ... APPELLANTS
       (BY SRI. UDAYA KUMAR R L, ADVOCATE)
AND:
       1. SRI. NAGARAJAN.S,
          S/O P.SEKAR,
          NO.4/425, NEAR MARIAMMAN
          KOVIL STREET, PAPPANAICNKNUR,
          VADUGAPATTY, SANKARIDURG,
          SANKARI POST, SANKARI (TK)
          SALEM DISTRICT - 637 301.
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      2. THE NEW INDIA ASSURANCE
         COMPANY LIMITED,
         DIVISIONAL OFFICE,
         MAHALAKSHMI CHAMBERS,
         NEAR TRENIT METRO STATION,
         M.G.ROAD, BENGALURU - 560 001.
                                                    ... RESPONDENTS

(BY SMT. GEETHA RAJ, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.03.2019, PASSED IN MVC NO.1282/2017, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING 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.11,13,000/- (Rupees Eleven Lakhs and Thirteen

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