Irshad Banu vs Mahendran P
2022 Latest Caselaw 13120 Kant

                              1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
        BEFORE THE MEGA LOK ADALAT/e-LOK ADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 19TH DAY OF DECEMBER, 2020

                  CONCILIATORS PRESENT:

            THE HON'BLE MR. JUSTICE S.G.PANDIT
                              &
             SRI.VENKATESH.P.DALWAI, MEMBER

                   M.F.A.No. 7083/2019 (MV)
                   (Lok Adalat No.1387/2020)

BETWEEN

1.     IRSHAD BANU
       W/O LATE BABU SAB
       NOW AGED ABOUT 27 YEARS.

2.     SUPHIYA BEE @ SUFIYA BI
       D/O LATE BABU SAB
       NOW AGED ABOUT 5 YEARS.

3.     MOHAMMED BILAL
       S/O LATE BABU SAB
       NOW AGED ABOUT 4 YEARS.

       APPELLANTS NO.2 & 3 ARE MINORS
       REP. BY THEIR N/G AND MOTHER
       APPELLANT NO.1
       ALL ARE R/AT LAKKAVVANAHALLI ROAD
       4TH CROSS, HIRIYUR TOWN,
       CHITRADURGA DISTRICT.
                                               ... APPELLANTS
                                  2


                (BY SRI. RAGHU R, ADVOCATE)
AND

1.    MAHENDRAN P
      S/O PERUMAL G.R.
      OWNER OF LORRY
      NO.KA-01-B-3100
      R/AT NO.10, SSS BUILDING
      A.V. ROAD
      CHAMARAJPET
      BANGALORE-560 018.

2.    THE BRANCH MANAGER
      THE NATIONAL INSURANCE CO.LTD.,
      BRANCH OFFICE
      JAGALURU MAHALINGAPPA TOWERS
      B.D. ROAD
      CHITRADURGA TOWN-577501.
                                               ... RESPONDENTS

(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.03.2019, PASSED IN MVC NO.557/2018, ON THE FILE OF SENIOR CIVIL JUDGE & JMFC., ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT/e-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.14,40,000/- (Rupees

Fourteen Lakhs Forty 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. Out of the enhanced compensation, the claimant No.1 shall be entitled

for 40% and claimant Nos.2 and 3 shall be entitled for 30% each. The

enhanced compensation in respect of claimant Nos.2 and 3 - minor children

shall be kept in fixed deposit in any Nationalized / Scheduled Bank for a

period of 10 years in their favour. The Mother - Natural Guardian would be

entitled to withdraw the interest periodically. The enhanced compensation in

respect of Mother-Appellant No.1 be released in its entirety.

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

SMJ/NS