Smt Renuka vs Smt Bagyalakshmi
2022 Latest Caselaw 4541 Kant

                              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. 3787/2021 (MV)
                  (Lok Adalat No. 393/2022)
BETWEEN:

1.    SMT RENUKA
      NOW AGED 45 YEARS

2.    RANJITH K
      NOW AGED 25 YEARS

3.    YASHMITHA
      NOW AGED 22 YEARS

4.    RASHWITH K
      NOW AGED 20 YEARS

5.    SMT KAMALA
      NOW AGED 75 YEARS

      APPELLANT NO.1 IS THE WIFE
      APPELLANTS NO.2 TO 4 ARE THE CHILDREN
      AND APPELLANT NO.5 IS THE MOTHER OF
      THE DECEASED JAGADEESH,
      ALL APPELLANTS ARE R/AT KADEMBILA HOUSE,
                                    2

       KONALU VILLAGE AND POST PUTTUR TALUK DAKSHINA
       KANNADA DISTRICT
       PIN-574201
                                               ... APPELLANTS
       (BY SRI. VISHWANATHA POOJARY K, ADVOCATE)
AND:
1.     SMT BAGYALAKSHMI
       NOW AGED 54 YEARS,
       W/O SENTHIL KUMAR
       R/O NO.2/70A PERIYAPATTI ROAD
       NAMAKKAL DISTRICT, TAMILNADU PIN-637001

2.     THE MANAGER
       NATIONAL INSURANCE COMPANY
       NAMAKKAL DIVISION 74-A, PARAMATHY ROAD
       NAMAKKAL, TAMILNADU, PIN-637001.
                                             ... RESPONDENTS

(BY SRI.B.A.RAMAKRISHNA ADVT., FOR R-2)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.03.2020 PASSED IN MVC NO.213/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, PUTTUR, D.K, 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. 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.7,00,000/- (Rupees Seven Lakhs 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.4,00,000/- is directed to be invested in

Fixed Deposit in the name of the appellants/claimants equally in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellants/claimants to withdraw interest

periodically. The remaining amount of Rs.3,00,000/- is ordered to be

released in favour of the appellants/claimants equally, 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

VS