Kumari Selvi vs The New India Assurance Co Ltd
2022 Latest Caselaw 4475 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.2369/2021 (MV)
                  (Lok Adalat No.852/2022)

BETWEEN

KUMARI. SELVI
D/O.VELAKANNI
AGED ABOUT 21 YEARS,
R/AT NO.179, 17TH CROSS,
NEW BENGALURU LAYOUT,
BENGALURU-560 084.
                                                ...APPELLANT

(BY SRI. PRAKASHA H.C, ADVOCATE)

AND

1.    THE NEW INDIA ASSURANCE CO. LTD.,
      MOTORS THIRD PARTY CLAIMS HUB,
      NO.9/2, MAHALAKSHMI CHAMBERS,
      M.G.ROAD, BENGALURU -560 001
      REP BY ITS MANAGER.

2.    SHEKAR.M
      S/O. MARIYAPPA
                                    2

      R/AT.JAYAMMA LAYOUT,
      INDLABELE ROAD, ATTIBELE POST,
      ANEKAL TALUK, BENGALURU RURAL DISTRICT,
      BENGALURU-572 107.
                                                       ...RESPONDENTS

(BY SRI. GOVINDARAJAN.R, ADVOCATE FOR R1)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:30.08.2018 PASSED IN MVC NO.6056/2016 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU, 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 Appellant - Claimant 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 appellant/claimant

(being authorized by the appellant/claimant to sign) and the learned

advocate appearing for the respondents - Insurance Company and its

authorized officer is filed. The appellant-claimant has agreed to receive

and the respondent-Insurance Company has agreed to pay a lump-

sum of Rs.85,000/- (Rupees Eighty Five 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 entire enhanced compensation amount shall be disbursed in

favour of the appellant - claimant, 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

PK