Chikkathayamma vs Mibin T Elias
2021 Latest Caselaw 6730 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 G.NARENDAR

                             &

              SRI. VIJAYKUMAR A. PATIL, MEMBER


                   M.F.A.No.4444/2020 (MV)
                  (Lok Adalat No.2483/2021)


BETWEEN:

CHIKKATHAYAMMA
W/O. NAGARAJU
AGED ABOUT 42 YEARS,
R/AT. BEGUR VILLAGE, GUNDLUPETE TQ,
CHAMARAJANAGARA DISTRICT,
NOW R/AT. C/O. MAHADEVA, 4TH CROSS,
RANGANATHANAGARA, SRIRANGAPATNA TOWN,
MANDYA DISTRICT- 571438.

                                              ... APPELLANT
(BY SRI. SREENIVASAN. M.Y, ADVOCATE)

AND:

1.     MIBIN T. ELIAS
       S/O. ELIAS, MAJOR,
       R/O. THAZHATHUPARAMBIL HOUSE,
       SULTHANABATHERY, PO WAYNAD- 673592
       KERALA.
                                  2

2.   THE DIVISIONAL MANAGER
     THE NATIONAL INSURANCE CO. LTD.,
     1ST FLOOR, RAMASWAMY CIRCLE,
     MYSURU- 570005.
                                                   ... RESPONDENTS

(BY SRI. RAVISH BENNI, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.10.2019, PASSED IN MVC NO.1471/2018, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATNA, 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 appellants-claimants have agreed to

receive and the respondent-Insurance Company has agreed to pay a

lump-sum of Rs.1,20,000/- (Rupees One Lakh and Twenty 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

PK