Veena H A vs Jagadeesha
2022 Latest Caselaw 4578 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 G NARENDAR

                               &

                 SRI. M B NARAGUND, MEMBER


                  M.F.A.No. 1724/2021 (MV)
                  (Lok Adalat No.720/2022)
BETWEEN:

1.    VEENA H A
      W/O LATE DILEEP KUMAR,
      AGED ABOUT 39 YEARS,

2.    YOGARAJ
      S/O LATE DILEEP KUMAR,
      AGED ABOUT 12 YEARS,

3.    VYSHANAVI D
      D/O LATE DILEEP KUMAR,
      AGED ABOUT 9 YEARS,

      APPELLANT NO.2 AND 3 ARE
      MINOR REPRESENTED BY APPELLANT NO 1,
      MOTHER AS NATURAL GUARDIAN

4.    SUVARNAMMA
      W/O LATE NARAYANACHAR,
      AGED ABOUT 56 YEARS
                                 2

       ALL ARE R/O K R PURAM
       CHRISTIAN COLONY,
       HASSAN 572101
                                                    ... APPELLANTS
       (BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
1.     JAGADEESHA
       S/O SHESHACHAR, MAJOR
       #5 ANUGAVALLI, HONNAVARA POST,
       DUDDA HOBLI, HASSAN DISTRICT 572101

2.     NAGARAJU
       S/O NINGAIAH, MAJOR
       HULLENAHALLI VILLAGE, RAJANASIPUR POST,
       HALEBEEDU HOBLI, BELUR TALUK,
       HASSAN DISTRICT 572101

3.     THE MANAGER
       NATIONAL INSURANCE COMPANY LTD,
       SRI. MANJUANTHESHWARA COMPLEX,
       OLD BUS STAND ROAD, HASSAN 572101.
                                                  ... RESPONDENTS

(BY SRI/SMT. GEETHA RAJ ADVT., FOR R-3)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.03.2020 PASSED IN MVC NO.228/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, HASSAN, 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.4,50,000/- (Rupees Four Lakh Fifty 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.1,50,000/- 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