Karnataka High Court
Smt. Parimala vs The Managing Director, M/S. ... on 18 December, 2021
Bench: Lok Adalath
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.1067/2020 (MV)
(Lok Adalat No. 3491/2021 )
BETWEEN:
1. SMT. PARIMALA
W/O LATE VIJAYA KUMAR
AGED ABOUT 49 YEARS
R/O H NO 5-36 (B)
SRI PARAMESHWARI PARASADA
KUNJADAKATTE, PERDOOR POST
UDUPI TALUK AND DISTRICT - 576124
2. SANDESH KUMAR T V
S/O LATE VIJAYA KUMAR
AGED ABOUT 28 YEARS
R/O H NO 5-36 (B)
SRI PARAMESHWARI PARASADA
KUADAKATTE, PERDOOR POST
UDUPI TALUK AND DISTRICT - 576124
... APPELLANTS
(BY SRI. PRATHEEP K.C, ADVOCATE)
2
AND:
1. THE MANAGING DIRECTOR,
M/S. HANUMAN TRANSPORT CO. LTD.,
76 BADAGUBETTU CHITPADU
UDUPI TALUK AND DISTRICT -576101
2. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, VISHNU PRAKASH
2ND & 3RD FLOOR, COURT ROAD,
UDUPI-576101
... RESPONDENTS
(BY SRI. B.C.SEETHARAMA RAO., ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.9.2019 PASSED IN MVC
NO.924/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
ADDITIONAL MACT, UDUPI, 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.2,90,000/- (Rupees Two Lakhs Ninety 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.70,000/- 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, 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
