Karnataka High Court
Smt Nagrathna vs Sri Praveen Chandra 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 G NARENDAR
&
SRI. M B NARAGUND, MEMBER
M.F.A.No. 3126/2020 (MV)
(Lok Adalat No.760/2022)
BETWEEN:
1. SMT NAGRATHNA
W/O. ANANTHA,
M/O. LATE. RAMESHA A,
AGED ABOUT 40 YEARS
2. KUMARI. SINDHUJA
D/O. ANANTHA,
S/O. LATE. RAMESHA
AGED ABOUT 23 YEARS
ALL ARE R/AT NO. 274,
4TH CROSS, PRAGATHI PURA,
BANASHANKARI, 2ND PHASE,
BANGALORE 70.
... APPELLANTS
(BY SRI. JAGADEESH H.T, ADVOCATE)
2
AND:
1. SRI PRAVEEN CHANDRA
S/O. T C RAJASHEKRAIAH,
R/AT NO. 854,4TH MAIN ROAD,
VIJAYANAGARA,BANGALORE 560040
2. THE MANAGER
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL IV-16, KUMARA PARK ROAD,
NEAR SHIVANANDA CIRCLE, BANGALORE 560001.
... RESPONDENTS
(BY SRI. A.M.VENKATESH ADVT., FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.10.2018 PASSED IN MVC
NO.3703/2017 ON THE FILE OF THE XXI ADDITIONAL SCJ AND XIX
ACMM, MEMBER, MACT, BNGALURU, SCCH-23, 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. 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.8,00,000/- (Rupees Eight 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. Out of the enhanced compensation amount to be deposited by
the Insurance Company, Rs.5,00,000/- is directed to be invested in
Fixed Deposit in the name of the appellants/claimants equally in any
Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years
with liberty to the appellants/claimants to withdraw interest
periodically. The remaining amount of Rs.3,00,000/- is ordered to be
released in favour of the appellants/claimants equally, 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
VS
