Deveeramma vs Lokeshappa K C
2021 Latest Caselaw 6745 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 MRS. JUSTICE S. SUJATHA

                              &

              SMT MANJULA N TEJASWI, MEMBER


                  M.F.A.No.4964/2019 (MV)
                 (Lok Adalat No.3495/2019 )


BETWEEN:

    1. DEVEERAMMA
       W/O LATE CHANDAPPA,
       AGED ABOUT 65 YEARS,
       COOLIE AND HOUSEHOLD WORK,
       R/O HALIYUR VILLAGE,
       TARIKERE TALUK.

    2. SHASHANK.H
       S/O LATE HIRAYAMURTHY H.C
       GRANSON OF CHANDAPPA,
       AGED ABOUT 19 YEARS,
       R/O HALIYUR VILLAGE, TARIKERE TALUK.
                                              ... APPELLANTS


           (BY SRI. GOPAL.R, ADVOCATE)
                                   2

AND:
       1. LOKESHAPPA K C
          S/O CHANDAPPA, AGED ABOUT 56 years
          RIDER CUM OWNER OF MOTOR CYCLE
          NO.KA:18/K-8126,
          R/O KEREHOSAHALLI VILLAGE,
          KASABA HOBLI,
          TARIKERE TALUK.
          (DL NO.KA 1820010001666
          VALID FROM 18-08-2001 TO 13-03-2021

       2. THE ORIENTAL INSURANCE CO.LTD.,
          EXTENSION COUNTER,
          UMA NILYA, 1ST FLOOR,
          B.H.ROAD, TARIKERE,
          CHIKKAMAGALURU DISTRICT,
          INSURER OF MOTOR CYCLE,
          NO.KA:18/K-8216,(POLICY NO.472191/31/201-
          R-3343,VALID FROM 14-01-2016 TO 13-01-2017)
                                               ... RESPONDENTS

(BY SRI. ASHOK N PATIL ADVOCATE FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED02.04.2019 PASSED IN MVC NO.101/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE & MAMACT, PRINCIPAL JMFC, TARIKERE, 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 Conference/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.2,10,000/- (Rupees Two Lakhs Ten 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.30,000/- each is directed to be invested in

Fixed Deposit in the name of the appellants/claimants in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellants/claimants to withdraw interest

periodically. The remaining amount of Rs.75,000/- each is ordered to

be released in favour of the appellants/claimants respectively, on

Proper identification.

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

VS