Lakshmamma vs Munichannappa
2022 Latest Caselaw 4619 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
                              &
           SRI. M.N. UMASHANKAR, MEMBER

                 M.F.A.No. 1161/2020 (MV)
                 (Lok Adalat No. 1070/2022)

  BETWEEN

  1.   Smt. Lakshmamma,
       W/o Late Venkatesh
       @ Venkateshappa,
       Now aged about 43 years.

  2.   Smt. Bhavani V.
       D/o Late Venkatesh,
       @ Venkateshappa,
       Now aged about 28 years.

  3.   Mast. V. Anand Kumar
       S/o Late Venkatesh
       @ Venkateshappa,
       Now aged about 20 years.

  4.   Sri. Channarayappa
       S/o Late Doddavenkatappa,
       @ Venkatappa,
       Now aged about 73 years.
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Appellants No.1 to 3 are residing
At Tharaballi (Lakshmipura) Village,
Nandagudi Hobli, Hoskote Taluk,
Bengaluru Rural District.

4th appellant is residing at
Gangaluru Village, Hoskote Taluk,
Bengaluru Rural District.                          ...APPELLANTS

                  (By Sri. Gopalkrishna N., Advocate)
AND

1.    Sri. Munichannappa
      S/o Venkateshappa,
      Major by age, Residing at
      No.115, Doddanallurahalli
      Village, Hoskote Taluk,
      Bengaluru Rural District-560 067.

2.    Sri. Renukumar
      S/o Narayanaswamy,
      Major by age,
      Residing at Kodiramasandra
      Village, Tamaka Post,
      Kolar Taluk & District-563 101.

3.    M/s. IFFCO-Tokiyo General
      Insurance Company Ltd.,
      Customer Service Centre,
      Sri. Shanthi Towers, 5th Floor,
      3rd Main, NGEF Layout,
      Kasthurinagar, Bengaluru-560 043,
      By its Manager.                              RESPONDENTS

(By Sri. : D. Vijaya Kumar, Advocate for R-3)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.10.2018 PASSED IN MVC NO. 7686/2017 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, MACT, (SCCH-23), BENGALURU, 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

through video conferencing/physical hearing. 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. 6,30,000/- (Rupees Six

Lakhs Thirty 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. 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

Rbv