Karnataka High Court
Pavithra D S vs K.Ananda on 12 March, 2022
Bench: Lok Adalath
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 B. VEERAPPA
AND
SRI M.N. UMASHANKAR, MEMBER
MFA No.1494/2020(MV)
LOK ADALAT No.534/2022
BETWEEN:
1. PAVITHRA D S
W/O C.R.HARISH
AGED 33 YEARS,
2. HARIPRIYA
D/O C.R.HARISH
AGED 6 YEARS,
3. RAMACHANDRAPPA
S/O HANUMAIAH
AGED 69 YEARS,
4. MUNIAKKAIHAMMA
W/O RAMACHANDRAPPA
AGED 59 YEARS,
2
5. C.H.HARI
D/O HARISH
AGED 3 YEARS,
SINCE APPELLANT 2 & 5 ARE
MINORS, REP BY THEIR N/G AND
MOTHER APPELLANT NO.1.
ALL ARE R/AT NO.48, CHOWDASANDRA,
SIDDLAGHATTA, CHIKKABALLAPURA.
...APPELLANTS
(BY SRI.RAGHU R., ADVOCATE)
AND:
1. K. ANANDA
MAJOR,
S/O KRISHNAPPA
R/AT NO.12, THIMMANAYAKANAHALLI VILLAGE,
SHIDDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT.
2. THE MANAGER
THE UNITED INDIA INSURANCE CO LTD
REGIONAL OFFICE,MOTOR THIRD PARTY
CLAIMS HUB, V AND VI FLOOR,
KRUSHI BHAVAN, HUDSON CIRCLE,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. JWALA KUMAR, ADV. FOR R2)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 03.09.2018
PASSED IN MVC NO.332/2017 ON THE FILE OF THE XIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER
OF MACT, BENGALURU (SCCH-15), 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.5,25,000/-(Rupees Five 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. Out of the entire enhanced compensation amount, a
sum of Rs.1,00,000/- each shall be kept in Fixed Deposit in any
nationalised / scheduled Bank, in the names of the minor
appellant Nos.2 and 5 / claimant Nos.2 and 5, till they attain the
age of majority with liberty to the minors' guardian to withdraw
the accrued interest periodically. The remaining sum of
Rs.3,25,000/- shall be released in favour of the appellant Nos.1,
3, 4 / claimant Nos.1, 3, 4, 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*
