Smt Mallamma vs Sri Chandrashekar B N
2022 Latest Caselaw 4435 Kant

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     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOK ADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 12TH DAY OF MARCH 2022

                    CONCILIATORS PRESENT:

            THE HON'BLE MR. JUSTICE G NARENDAR

                              &

                 SRI. M B NARAGUND, MEMBER
                   M.F.A.No. 383/2022(MV)
                  (Lok Adalat No.728/2022)
BETWEEN:

1.    SMT MALLAMMA
      W/O LATE RAMANJANAIAH
      AGED ABOUT 38 YEARS

2.    NAGAVENI N R
      D/O LATE RAMANJANAIAH
      AGED ABOUT 21 YEARS

3.    LAVANYA N R
      D/O LATE RAMANJANAIAH
      AGED ABOUT 19 YEARS

4.    SMT NARASAMMA
      W/O LATE NARASIMHAIAH
      AGED ABOUT 61 YEARS

      ALL ARE RESIDING AT KAMTHANAHALLI VILLAGE
      I D HALLI HOBLI
      MADHUGIRI TALUK, TUMAKURU DISTRICT-572124.
                                                ... APPELLANTS
                 (BY SRI. SATHISHA T, ADVOCATE)
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AND:
1.     SRI CHANDRASHEKAR B N
       S/O NIRANJANA MURTHY
       AGED ABOUT 38 YEARS
       RESIDENT OF 4TH CROSS
       GOKULA EXTENSION
       KYATHASANDRA
       TUMAKURU TOWN-572104.

2.     THE MANAGER
       THE NATIONAL INSURANCE COMPANY LTD.,
       NEAR BRANCH OFFICE
       KASTURI MANSION
       M G ROAD, BEHIND KRISHNA TALKIES
       ABOVE CORPORATION BANK
       TUMAKURU -572101

       NOW REPRESENTED BY THE REGIONAL MANAGER
       THE NATIONAL INSURANCE COMPANY LTD.,
       REGIONAL OFFICE
       NO.144 2ND FLOOR
       SUBHARAM COMPLEX, M G ROAD
       BENGALURU-560001..
                                            ... RESPONDENTS

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

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.09.2021 PASSED IN MVC NO. 1018/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADHUGIRI, 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. 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.13,00,000/- (Rupees Thirteen Lakhs 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.10,00,000/- is directed to be invested in

Fixed Deposit in the name of the appellants/claimants equally 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.3,00,000/- is ordered to be

released in favour of the appellants/claimants equally, 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