Smt Jayalaxmi vs Ashoka N
2022 Latest Caselaw 4471 Kant

     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. 3843/2021(MV)
                  (Lok Adalat No.372/2022)
BETWEEN:

1.    SMT JAYALAXMI
      NOW AGED 50 YEARS,
      W/O PUSHPAKARA,

2.    PRAJWAL
      NOW AGED 20 YEARS,
      S/O PUSHPAKARA,

3.    PRAJNA
      NOW AGED 17 YEARS,
      D/O PUSHPAKARA,

      MINOR REP BY HER NATURAL
      GUARDIAN MOTHER,
      SMT JAYALAXMI/APPELLANT NO.1,
      HEREIN,

4.    K SOMAYYA SAPALYA
      NOW AGED 93 YEARS,
      S/O KORAGA SAPAALYA,

      ALL APPELLANTS ARE R/AT HOSAKUMERU HOUSE,
      LAILA POST, UJIRE VILLAGE,
                                 2




       BELTHANGADY TALUK,
       DAKSHINA KANNADA DISTRICT-574214

                                               ... APPELLANTS
       (BY SRI. VISHWANATHA POOJARY K, ADVOCATE)
AND:
1.     ASHOKA N
       NOW AGED 26 YEARS,
       S/O SUNDARA GOWDA,
       R/O NALKETHIMAR HOUSE,
       MUDDIGE,
       HATHYADKA ARSINAMAKKI,
       BELTHANGADY TALUK,
       DAKSHINA KANNADA DISTRICT-574214

2.     PRAVEEN KUMAR
       NOW AGED 30 YEARS,
       S/O MONAMMA,
       R/O AITHOOR HOUSE,
       NIDLE POST,
       BELTHANGADY TALUK,
       DAKSHINA KANNDA DISTRICT-574214

3.     THE MANAGER,
       NATIONAL INSURANCE CO LTD
       SHRI KSHETHRA DHARMASTHALA BUILDING,
       MAIN ROAD,
       PUTTUR, PUTTUR TALUK,
       DAKSHINA KANNADA DISTRICT-574201

                                                   ... RESPONDENTS

(BY SRI. H.S.LINGARAJU ADV., FOR R-3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2020 PASSED IN MVC NO. 67/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ACJM AND ADDITIONAL MEMBER, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON 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 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.1,80,000/- (Rupees One Lakh Eighty 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 entire enhanced compensation amount shall 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 of the Tribunal shall stands modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

VS