Citation : 2021 Latest Caselaw 6754 Kant
Judgement Date : 18 December, 2021
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 P.S.DINESH KUMAR
&
SMT. S.SUSHEELA, MEMBER
M.F.A.No. 952/2020 (MV)
(Lok Adalat No. 2580/2021)
BETWEEN:
1. SMT. SIDDAMMA,
W/O. LATE CHIKKASIDDAIAH,
AGED ABOUT 65 YEARS,
R/O. KITTAGANAHALLI,
K.PALASANDRA POST,
GULUR HOBLI,
TUMAKURU TALUK - 572 101.
2. SMT. GANGAMMA
W/O. JAGADEESH,
AGED ABOUT 51 YEARS,
D/O. LATE CHIKKASIDDIAH,
R/O. BACHENAHALLY,
MAGADI TALUK,
RAMANAGARA DISTRICT - 571 511.
3. K.C.PARAMESH,
S/O. LATE CHIKKASIDDAIAH,
AGED ABOUT 49 YEARS,
R/A. N.68, S.R.S.ROAD,
PEENYA 2ND STAGE,
BANGALORE - 560 058.
2
4. CHIKKAMUNIYAPPA,
S/O. LATE CHIKKASIDDAIAH,
AGED ABOUR 47 YEARS,
R/O. KITTAGANAHALLI,
K.PALASANDRA POST,
GULUR HOBLI,
TUMAKURU TALUK - 572 101.
... APPELLANTS
(BY SRI. SATHISHA T, ADVOCATE)
AND:
1. M/S. ARUNACHALA LOGISTICS PVT. LTD.,
RAMAPURAM X ROAD,
NALLABANDAGUDEM KODAD,
NALAGOND, SURYAPET DISTRICT,
TELANGANA - 508 206.
REP BY ITS EXECUTIVE DIRECTOR,
S.S.SUBBAREDDY,
(OWNER OF THE ASHOK LEYLAND LORRY
BEARING REG. NO.AP-24 Y-4530)
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE COMPANY LTD.,
MUSHEERABAD DO (610300)
SANTHOSIMA COMPLEX,
R.T.C.X. ROADS, HYDRABAD - 560 020.
ANDRAPRADESH.
BRANCH OFFICE:
NEW INDIA ASSURANCE COMPANY LTD.,
OPP: RAMA MANDIRA TEMPLE,
BARLINE ROAD,
K.R.EXTENSION,
TUMAKURU.
NOW REPRESENTED BY:
THE REGIONAL MANAGER,
NEW INDIA ASSURANCE COMPANY LTD.,
REGIONAL OFFICE,
NO.9, 2ND FLOOR,
MAHALAKSHMI CHEMBER,
3
M.G.ROAD,
BENGALURU - 560 001.
... RESPONDENTS
(BY SRI. H.S.LINGARAJU, ADV FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.07.2019, PASSED IN MVC NO.1343/2017, ON THE FILE OF THE VI-ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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.1,50,000/- (Rupees One Lakh Fifty 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
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