Kumari Bhagyashree vs The Managing Director
2022 Latest Caselaw 4505 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 B. VEERAPPA
                               &
            SRI. M.N. UMASHANKAR, MEMBER

                   M.F.A.No. 159/2021 (MV)
                  (Lok Adalat No. 1114/2022)

  BETWEEN

  Kumari Bhagyashree,
  Aged about 8 years,
  D/o Late Raghavendra Acharya,
  Rep: by her mother - natural
  Guardian Smt. Sumathi Acharthi,
  Aged about 32 years,
  W/o Late Raghavendra Acharya,
  R/at 1-12, Puthibettu Mane,
  Muniyal, Varanga Village,
  Karkala Taluk - 574 104.                         ...APPELLANT

              (By Sri. H. Pavana Chandra Shetty, Advocate)
  AND

  1.    The Managing Director,
        The Hanuman Transport Co. (P) Ltd.,
        76, Badagabettu, Chitpady,
        Udupi - 576 101.
                                      2

      2.    The Divisional Manager,
            The Oriental Insurance Co. Ltd.,
            Divisional Office,
            Vishnu Prakash, II and III Floor,
            Court Road, Udupi - 576 101.                RESPONDENTS

(By Sri. : Janardhan Reddy, Advocate for R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2019 PASSED IN MVC NO. 865/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDL. MACT, KARKALA, 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

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 appellant/claimant (being authorized

by the appellant/claimant to sign) and the learned advocate appearing for the

respondent-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. 76,000/- (Rupees Seventy Six 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 kept in Fixed

Deposit in the name of the minor appellant / claimant in any Nationalized /

Scheduled Bank till she attains the majority with liberty to the minor guardian

to withdraw the interest periodically.

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

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