Smt. Mamatha vs Sri Devaraju
2022 Latest Caselaw 4560 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

                            AND

            SRI M.N. UMASHANKAR, MEMBER

                MFA No. 3345/2020 (MV)

               LOK ADALAT No.541/2022

BETWEEN:


1.    SMT. MAMATHA
      W/O LATE H M RAMESH
      AGE 35 YEARS

2.    MASTER R ROHIT
      S/O LATE H M RAMESH
      AGE 11 YEARS
      MINOR REP BY NATURAL
      GUARDIAN MOTHER SMT MAMATHA

3.    KUMARI R SOWMYASRI
      D/O LATE H M RAMESH
      AGE 08 YEARS
      MINOR. REP BY NATURAL
      GUARDIAN MOTHER SMT MAMATHA
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4.     SRI MUNIYAPPA
       S/O LATE GIRIYAPPA
       AGE 70 YEARS

5.     SMT VENKATAMMA
       W/O MUNIYAPPA
       AGE 61 YEARS

       ALL ARE RESIDING AT
       HUNGENAHALLI AGRAHARA VILLAGE
       SHIVARAPATNA POST MALUR TALUK
       KOLAR DISTRICT
                                             ...APPELLANTS

(BY SRI. GOPALKRISHNA N., ADV.)

AND:

1.     SRI DEVARAJU
       S/O MUNIYAPPA,
       MAJOR BY AGE
       RESIDNG AT SHANKALIPURA VILLAGE
       HUNGENAHALLI POST, MALUR TALUK
       KOLAR DISTRICT - 563130.

2.     THE UNITED INDIA INSURANCE COMPANY LTD
       REGIONAL OFFICE NO 18,
       KRISHI BHAVAN
       5TH FLOOR
       OPP HUDSON CIRCLE NRUPATHUNGA ROAD
       KOLAR DISTRICT - 560001
                                         ...RESPONDENTS

(BY SRI. B.C. SHIVANNE GOWDA, ADV. FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2019, PASSED IN MVC NO.1270/2019, ON THE FILE OF THE MEMBER, MACT, XVI

ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, (SCCH-14), 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.11,25,000/- (Rupees Eleven Lakh Twentyfive 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. The apportionment, deposit and release of the entire

enhanced compensation amount shall be made in terms of the

Judgment and Award passed by the Claims Tribunal.

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*