Manjula vs Mahesha T B
2022 Latest Caselaw 4517 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. 5789/2021 (MV)
                  (Lok Adalat No. 1099/2022)

  BETWEEN

  1.   Manjula W/o Late Shivanna
       @ Sadashiva,
       Aged about 44 years.

  2.   Diganth S/o Late Shivanna
       @ Sadashiva,
       Aged about 10 years,
       Since minor rep. by his mother
       Manjula, Both are residing at
       Moodalakoppalu Village,
       Sirangala, Somavarapete Tq.,
       Kodagu District - 571 232.

  3.   Drakshayini
       W/o Late Shivanna @ Sadashiva,
       Aged about 37 years,
       R/at Arasinaguppe Village,
       Thorenooru, Kodagu District-571 232.
                                   2

    4.    Puttamma
          W/o Late Hanumanthashetty,
          Aged about 60 years,
          R/at 63, Siddalingapura Village,
          Thorenooru Kodagu District-571 232.         ...APPELLANTS

                    (By Sri. Syed Abdul Saboor, Advocate)
    AND

    1.    Mahesha T.B. S/o Balan T.K.,
          Aged about 42 years,
          R/at Hosakeri Maragodu,
          Madikeri Tq., Kodagu District-571 252,
          Mysuru District.

    2.    The Manager,
          The Oriental Insurance Company Ltd.,
          Muslim Building, 1st Main,
          In front of Fire Brigade,
          Saraswathipuram,
          Mysuru - 570 009.                           RESPONDENTS

(By Sri. : S.V. Hegde Mulkhand, , Advocate for R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2021 PASSED IN MVC NO. 1486/2019 ON THE FILE OF THE VII ADDL. DISTRICT JUDGE AND MEMBER, MACT, MYSURU, 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

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. 3,20,000/- (Rupees

Three Lakhs Twenty 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

Rbv