Smt Gangamma vs Umesh D S
2022 Latest Caselaw 4426 Kant

                               1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOKADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 12TH DAY OF MARCH, 2022

                    CONCILIATORS PRESENT:

             THE HON'BLE MRS. JUSTICE M.G.UMA

                               &

                  SMT. S.SUSHEELA, MEMBER


                  M.F.A.No.1108/2022 (MV)
                  (Lok Adalat No.188/2022)


BETWEEN

1.    SMT. GANGAMMA
      W/O LATE SOMASHEKHARAPPA D.B
      AGED ABOUT 45 YEARS
      HOUSEWIFE.

2.    KUMUDA D.S
      D/O LATE SOMASHEKARAPPA D.B
      AGED ABOUT 20 YEARS.

3.    CHITRAVATHI D.S
      D/O LATE SOMASHEKHARAPPA D.B
      AGED ABOUT 18 YEARS.

4.    DINESH D.S
      S/O LATE SOMASHEKHARAPPA D B
      AGED ABOUT 15 YEARS.

      APPELLANT NO.4, SINCE,
      MINOR REPRESENTED
                               2

      BY HIS NATURAL GUARDIAN MOTHER I.E.,
      APPELLANT NO.1.

5.    SMT. THOLASAMMA
      W/O. LATE D.BASAPPA
      AGED ABOUT 71 YEARS.

      APPELLANTS NO.1 TO 5 ARE
      R/O. BADA VILLAGE,
      DAVANGERE TALUK & DISTRICT-577001.

                                                ...APPELLANTS
(BY SRI. G.J.SUNKAPUR, ADVOCATE)

AND

1.    UMESH D.S
      S/O SHANKRAPPA GOUDA
      MAJOR
      OWNER OF BUS BEARING
      REG NO.KA14/B-1363
      R/O NO.59 100 FEET ROAD
      G.G EXTENSION
      GOPAL, SHIVAMOGGA-577201.

2.    THE MANAGER
      THE NEW INDIA ASSURANCE CO.LTD.,
      160/1, R.H BUILDING, NARASARAJ ROAD
      DAVANAGERE-577001.
                                              ...RESPONDENTS

(BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R2 )

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.08.2018 PASSED IN MVC NO. 721/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND VI M.A.C.T., JMFC, DAVANAGERE, 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 are

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 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.9,10,000/- (Rupees Nine Lakhs and 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. 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