Smt Shwetha V vs Sri Munikrishna V
2022 Latest Caselaw 4588 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.3086/2021 (MV)
                  (Lok Adalat No.774/2022)


BETWEEN

1.    SMT. SHWETHA V
      W/O LATE BHARADWAJ BHAT
      AGED ABOUT 33 YEARS.

2.    CHANDAN
      S/O. LATE BHARADWAJ BHAT
      AGED ABOUT 7 YEARS.

      THE APPELLANT NO.2 BEING MINOR
      REP. BY HIS MOTHER
      SHWETHA.V THE
      APPELLANT NO.1

      BOTH ARE R/AT BEERAGANAHALLI
      YADIYURU HOBLI
      KUNIGAL TALUK
      TUMKUR DISTRICT -572142.

3.    SRI. GOPALKRISHNA BHAT
                                  2

      @ GOPALA RAMAKRISHNA BHAT
      S/O. LATE.RAMAKRISHNA BHAT
      AGED ABOUT 65 YEARS.

4.    SMT. BHANUMATHI
      W/O GOPALKRISHNA BHAT
      AGED ABOUT 65 YEARS.

5.    SRI. DHARNATEJA BHAT
      S/O GOPALKRISHNA BHAT
      AGED ABOUT 31 YEARS.

      THE APPELLANT NOS. 3 TO 4
      ARE R/AT NO. 63,
      NEERAHALLI VILLAGE, SIRASI TALUK
      UTTARA KANNADA DISTRICT - 581336
                                               ...APPELLANTS

(BY SRI. K.P BHUVAN, ADVOCATE)

AND

1.    SRI. MUNIKRISHNA.V
      S/O.VENKATESHAPPA
      R/AT NO.24/1, VARTHUR KODI
      VARTHUR MAIN ROAD,
      NEAR BHARATH PETROL BUNK
      RAMAGONDANAHALLI WHITEFIELD
      BANGALORE - 560 066.

2.    BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,
      GOLDEN HEIGHTS
      4TH FLOOR, NO.1/2
      59TH 'C' CROSS, 4TH 'M' BLOCK
      RAJAJINAGAR
      BANGALORE- 560010.
      REPBY ITS BRANCH MANAGER.

                                              ...RESPONDENTS

(BY SRI. H.S.LINGARAJ, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.08.2019 PASSED IN MVC NO. 4712/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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.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. 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 and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

PK