Smt Pramila N vs M/S Go Digit General Ins Co Ltd
2021 Latest Caselaw 6736 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. 3337/2020 (MV)
                  (Lok Adalat No.3204/2021)
BETWEEN:

           1. SMT PRAMILA N
              W/O LATE NARAYANASWAMY S,
              AGED ABOUT 36 YEARS R/AT NO 136,
              38 OR 169, 3RD CROSS, V B LAYOUT,
              K R PURAM, BENGALURU 560036

           2. SRUSHTI N
              D/O LATE NARAYANASWAMY S,
              AGED ABOUT 12 YEARS MINOR
              REPRESENTED BY HER MOTHER AND NATURAL
              GUARDIAN SMT PRAMILA N
              W/O LATE NARAYANSWAMY S.
               R/AT NO 136, 38 OR 169, 3RD CROSS,
              V B LAYOUT, K R PURAM, BENGALURU 560036

           3. SRI SAMPANNA
              S/O CHIKKANNA AGED ABOUT 67 YEARS
              R/AT NO 136, 38 OR 169, 3RD CROSS,
               V B LAYOUT, K R PURAM, BENGALURU 560036
                                  2




           4. SMT MUNIYAMMA
              W/O SAMPANNA AGED ABOUT 62 YEARS
              R/AT NO 136, 38 OR 169, 3RD CROSS,
              V B LAYOUT, K R PURAM, BENGALURU 560036
                                                 ... APPELLANTS
           (BY, SRI. GURUDEV PRASAD K T ADVOCATE)
AND:
           1. M/S GO DIGIT GENERAL INS CO. LTD.,
              MOTOR CLAIMS HUB, ATLANTIS 95,
              4TH B CROSS ROAD, KORAMANGALA
              INDL. LAYOUT, 5TH BLOCK, BENGALURU 560095

           2. MR ANANDA M
              S/O MUNINANJAPPA, R/AT NO 1084,
              POORNAPRJNA SCHOOL ROAD,
              NEW THIPPASANDRA, BENGALURU 560075
                                              ... RESPONDENTS

(BY SRI. B C SHIVANNE GOWDA ADVOCATE FOR R-1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2019 PASSED IN MVC NO. 5346/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU SCCH-20 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 Respondents - 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.7,10,000/- (Rupees Seven Lakhs Ten 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