Smt Manjula @ Manjamma R vs T Balu
2021 Latest Caselaw 6728 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. 3577/2019 (MV)
              (Lok Adalat No. 3071/2021)
BETWEEN
1.   SMT MANJULA @
     MANJAMMA R
     AGED ABOUT 44 YEARS
     W/O LATE K S UMESHA

2.   KUMARI THEJASWINI
     AGED ABOUT 24 YEARS
     D/O LATE K S UMESHA

3.   PRASAD U
     AGED ABOUT 19 YEARS
     S/O LATE K S UMESHA

     ALL ARE PRESENTLY
     C/O JAYAMERI
     W/O D RAJU
     # 48, M K K ROAD,
     SHIVAMOGGA CITY-577201
                            2

      PERMANENTLY RESIDING NEAR
      PRIMARY SCHOOL
      LOWER HUTTA
      BHADRAVATHI TOWN-577301
                                         ... APPELLANTS
(BY SRI. CHIDAMBARA G.S., ADVOCATE)
AND
1.    T BALU
      AGED ABOUT 29 YEARS
      S/O T THONGAN
      R/O MOOKANOORPATTY
      APPIYAMPATTI POST
      HARUR TALUK
      DHARMAPURI DISTRICT
      TAMIL NADU STATE
      PIN CODE 636903

2.    THE MANAGER
      RELIANCE GENERAL INSURANCE CO LTD
      # 28, 5TH FLOOR,
      CENTENARY BUILDING
      EAST WING
      M G ROAD, NEAR CITY BANK,
      BENGALURU-560001
                                    ...RESPONDENTS

(BY SRI. H.C. BETSUR, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED01.10.2018 PASSED IN MVC NO. 806/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, & AMACT, -VII, SHIVAMOGGA, 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. 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.4,00,000/- (Rupees Four Lakhs 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 of the enhanced compensation shall

be made in terms of the Judgment and Award passed by the claims

Tribunal. Out of the share of first appellant, a sum of

Rs.1,40,000/- shall be kept in fixed deposit in her name in any

Nationalized/Scheduled Bank for a period of three years with

liberty to withdraw the accrued interest periodically. The remaining

share of first appellant and entire shares of appellant Nos.2 and 3

shall be released in their favor on proper identification.

5. This Miscellaneous First Appeal stands disposed off 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

NM/-