Asha vs Adyar Ananda Bhavan
2022 Latest Caselaw 4624 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.1128/2020 (MV)
                  (Lok Adalat No.463/2022)


BETWEEN

1.    ASHA
      W/O LATE H.N VENKATESH
      AGED ABOUT 47 YEARS.

2.    DHANUSH V
      S/O LATE H.N VENKATESH
      AGED ABOUT 27 YEARS.

3.    LAVANYA V
      D/O LATE H.N VENKATESH
      AGED ABOUT 24 YEARS.

4.    RAGHUNANDAN V
      S/O LATE H.N VENKATESH
      AGED ABOUT 22 YEARS.

5.    KRISHNAMMA
      W/O LATE NARAYANAPPA
      AGED ABOUT 76 YEARS.
                                2

      ALL ARE RESIDING AT NEAR MUNESHWARA TEMPLE
      KAMMASANDRA ROAD
      ELECTRONIC CITY
      BENGALURU-100.
                                               ...APPELLANTS

(BY SRI. SREENIVASAIAH.A, ADVOCATE)

AND

1.    ADYAR ANANDA BHAVAN
      SWEETS (I) PVT. LTD.
      NO.65/1 TO 65/4
      GUDDAHATTI ROAD
      NERALUR POST, ATTIBELE
      ANEKAL TALUK
      BENGALURU-107.

2.    THE MANAGER
      BAJAJ ALLIANZ GEN. INSURANCE CO.LTD.,
      4TH FLOOR
      GOLDEN HEIGHT BUILDING
      STAR BAZAR, RAJKUMAR ROAD
      RAJAJINAGAR
      BANGALORE-560 010.
                                              ...RESPONDENTS

(BY SRI. JAGADISH P.S., ADVOCATE FOR R2 )

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT:01.10.2019 PASSED IN MVC NO.6325/2018 ON THE FILE OF THE MEMBER, MACT, C/C XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, (SCCH-15), 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 appellant-claimant has agreed to receive

and the respondent-Insurance Company has agreed to pay a lump-

sum of Rs.7,30,000/- (Rupees Seven Lakhs and 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 as per 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