Karnataka High Court
Smt Boramma vs Sri Rupanayaka K S on 12 March, 2022
Bench: Lok Adalath
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 G NARENDAR
&
SRI. M B NARAGUND, MEMBER
M.F.A.No. 4549/2020 (MV)
(Lok Adalat No.907/2022)
BETWEEN:
1. SMT BORAMMA
W/O LATE SHARNAPPA @ SHARANESHE
@ SANNA SHARANAIAH (1ST WIFE)
AGED 31 YEARS,
2. SHARNAMMA.S
D/O LATE SHARNAPPA @ SHARANESHE
@ SANNA SHARANAIAH, AGED 15 YEARS,
3. SUNITHA.S
D/O LATE SHARNAPPA
@ SHARANESHE @ SANNA SHARANAIAH
AGED 10 YEARS,
4. SMT.SHARANAMMA
W/O LATE SHARNAPPA @ SHARANESHE
@ SANNA SHARANAIAH (2ND WIFE)
AGED 24 YEARS,
D/O S.SURESHA.
2
5. KAVERI
D/O LATE SHARNAPPA @ SHARANESHE
@ SANNA SHARANAIAH
AGED 15 YEARS,
6. SMT.PALAMMA
W/O LATE YARISURYA
AGED 56 YEARS,
APPELLANT NO. 2 & 3 ARE MINOR
REP. BY HER MOTHER & NATURAL GUARDIAN
APPELLANT NO.1 SMT. BORAMMA AND
APPELLANT NO.5 IS MINOR
REP. BY HER MOTHER & NATURAL GUARDIAN
APPELLANT NO.4-SMT. SHARANAMMA
ALL ARE PERMANENT R/AT APPAIAYYANAHALLI VILLAGE
AND POST, KUDLIGE TALUK,
BELLARY DISTRICT PIN-583 135
... APPELLANTS
(BY SRI. B.PRAMOD, ADVOCATE)
AND:
1. SRI RUPANAYAKA K S
S/O R.SHANKAR NAYAKA,
MAJOR,
RC OWNER OF MOTOR CAB BEARING REG NO.KA 35/B 5692
R/O HOUSE NO.280, ASHRAYA COLONY POST,
SUSHILA NAGARA, SANDUR TALUK,
BELLARY DISTRICT-583 119
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO LTD
BRANCH OFFICE JAGALUR MAHALINGAPPA TOWERS,
1ST FLOOR, B.D.ROAD,
CHITRADURGA TOWN-577501.
... RESPONDENTS
(BY SRI. A.M.VENKATESH ADVT., FOR R-2)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.12.05.2020 PASSED IN MVC NO.735/2019
ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, CJM, ADDITIONAL
MACT-III, CHITRADURGA, 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 Respondents - 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 respondents - 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.15,00,000/- (Rupees Fifteen Lakhs 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 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 of the Tribunal shall stands modified
accordingly. Draw up the Award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
VS
