Citation : 2022 Latest Caselaw 4524 Kant
Judgement Date : 12 March, 2022
1
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
AND
SRI M.N. UMASHANKAR, MEMBER
MFA No.4771/2020(MV)
LOK ADALAT No. 864/2022
BETWEEN:
1. SMT PANJALI RAMAN
W/O LATE RAMAN
AGED 57 YEARS
2. SMT POONGODI RAMAN
W/O LATE RAMAN
AGED 43 YEARS
3. SRI MANICKAM RAMAN
S/O LATE RAMAN
AGED 24 YEARS
4. SRI MANI RAMAR
@ MANI RAMAN
S/O LATE RAMAN
AGED 22 YEARS
2
5. SRI KRISHNAN RAMAR
@ KRISHNAN RAMAN
S/O LATE RAMAN
AGED 21 YEARS
ALL ARE R/AT NO.4/685
PUDUYERI PEYALMARI
DHARMAPURI DIST-636 701
TAMILNADU STATE
...APPELLANTS
(BY SRI. PRAKASH M.H., ADV.)
AND:
1. ICICI LOMBARD GEN. INS. CO.LTD.
NO.121
THE ESTATE BUILDING
9TH FLOOR
DICKSON ROAD
BENGALURU-560 001
REP BY ITS MANAGER.
2. SRI NAGARAJU N
S/O NARAYANAPPA
MAJOR
R/AT NO.198B
WARD NO.6
PADMAVATHI COMPLEX
SHANKAR NAGAR ROAD
NARAYANASWAMY LAYOUT
ANEKAL
BANGALORE RURAL DIST-562 107
...RESPONDENTS
(BY SRI A.N. KRISHNA SWAMY, ADV. FOR R1)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.05.2020 PASSED IN MVC NO.1705/2018 ON THE FILE OF THE IV ADDITIONAL JUDGE & ACMM, COURT OF SMALL CAUSES, BENGALURU, (SCCH-6), SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned Counsel for the appellants - claimants, and
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 authorised by the appellant/s
/claimant/s to sign) and the learned advocate appearing for the
respondent-Insurance Company and its authorised officer is
filed. The appellants - claimants have agreed to receive and the
respondent - Insurance Company has agreed to pay a lumpsum
of Rs.3,50,000/-(Rupees Three Lakh Fifty Thousand only) in
addition to what has been awarded by the Tribunal as 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 9% per annum from the date of
default, till the date of deposit.
4. Out of the entire enhanced compensation amount, a
sum of Rs.50,000/- each shall be kept in Fixed Deposit in any
nationalised / scheduled Bank, in the names of the appellant
Nos.3, 4 and 5 / claimant Nos.3, 4 and 5, for a period of three
years with liberty to the appellant Nos.3, 4 and 5 /claimant
Nos.3, 4 and 5 to withdraw the accrued interest periodically. The
remaining sum of Rs.1,00,000/- each shall be released in favour
of the appellant Nos.1 and 2 / claimant Nos.1 and 2, on proper
identification.
5. The Miscellaneous First Appeal stands disposed of in
terms of the Joint Memo. The Judgment and Award passed by
the Tribunal shall stand modified accordingly. Draw the award
accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
sac*
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