Smt. Kanchana M vs Mr. Shankar
2022 Latest Caselaw 4642 Kant

                           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 MRS. JUSTICE S.SUJATHA
                          &
          SMT. MANJULA N TEJASWI, MEMBER

                M.F.A.No. 3303/2020 (MV)
                (Lok Adalat No. 514/2022)
  BETWEEN

  SMT. KANCHANA M.
  W/O MANI, AGED ABOUT 48 YEARS,
  R/AT #44, 6TH CROSS,
  RAJESHWARINAGARA, BENGALURU.
  OLD ADDRESS: #44/3, 6TH CROSS,
  CHAMUNDESHWARINAGARA,
  LAGGERE, BENGALURU-560 058.               ... APPELLANT
                (BY SRI/SMT. H.M. BHANU, ADVOCATE)
  AND

  1.    MR. SHANKAR S/O RAMAKRISHNA,
        #05, M.E. LAYOUT, I CROSS,
        LAGGERE, BENGALURU-560 058.

  2.    THE ORIENTAL INSURANCE CO. LTD.,
        #44, SHRI CHAMUNDESHWARI
        COMPLEX, NEXT TO KAMAKYA
        THEATRE, OPPOSITE 13TH BMTC
        BUS DEPOT, BENGALURU-560 085.    ... RESPONDENTS

(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.11.2018 PASSED IN MVC NO.1929/2017 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 Appellant - Claimant 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 appellant/claimant

(being authorized by the appellant/claimant 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. 80,000/- (Rupees Eighty 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 entire enhanced compensation amount shall be released in

favour of the appellant/claimant, 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

Rbv