Smt. Arokiamary Arokiaswamy vs M/S New India Assurance Company ...
2022 Latest Caselaw 4581 Kant

                                1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOKADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 12TH DAY OF MARCH, 2022

                    CONCILIATORS PRESENT:

             THE HON'BLE MRS. JUSTICE M.G.UMA

                                &

                  SMT. S.SUSHEELA, MEMBER


                   M.F.A.No.776/2020 (MV)
                  (Lok Adalat No.637/2022)


BETWEEN:

1.    SMT. AROKIAMARY AROKIASWAMY
      W/O LATE AROKIASWAMY,
      AGED ABOUT 61 YEARS.

2.    KUM GLADIN OLIVIYA G.V.
      D/O AROKIASWAMY,
      AGED ABOUT 27 YEARS.


      BOTH ARE R/AT NO.369,
      MAHALAKSHMINAGAR,
      THIMMAVARAM,
      ATHUR, KANCHEEPURAM,
      CHENGALPATTU,
      TAMILNADU-603 101.

                                             ...APPELLANTS

(BY SRI. GURUDEV PRASAD K.T., ADVOCATE)
                                    2

AND:

1.     M/S. NEW INDIA ASSURANCE COMPANY LTD.,
       MOTOR CLAIMS HUB,
       NO.9/2, 2ND FLOOR,
       MAHALAKSHMI CHAMBER, M G ROAD,
       BENGALURU-560 001.

2.     M/S. MURALI ENTERPRISES
       HP GAS DEALERS,
       NO.51, RAMANJANEYA LAYOUT,
       MARATHALLI,
       BENGALURU-560 037.
                                                     ...RESPONDENTS

(BY SRI.. A.R. LAKSHMI NARAYANA, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.06.2019, PASSED IN MVC NO.4035/2018, ON THE FILE OF THE V-ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU (SCCH-20), 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 are

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.2,72,000/- (Rupees Two Lakhs and Seventy Two

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 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.1,22,000/- 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

PK