Smt. Dhanalakshmi vs The Manager Hdfc Ergo General Insurance ...
2024 Latest Caselaw 1360 Kant

Karnataka High Court

Smt. Dhanalakshmi vs The Manager Hdfc Ergo General Insurance ... on 16 January, 2024

                                  1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JANUARY 2024

                  CONCILIATORS PRESENT:

  THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                                 &
            SMT. K.T. PREMALATHA, MEMBER

                    M.F.A.No. 640/2023 (MV)
                    (Lok Adalat No. 19/2024)

  BETWEEN:
  1.    Smt. Dhanalakshmi W/o Honnagangaiah,
        Aged about 52 years.

  2.    Sri. Honnagangaiah S/o Late Mariyappa,
        Aged about 57 years.

        Both are R/at : C/o Sri. Balakrishna,
        No.59, 5th Cross, 13th Cross,
        Agrahara Dasarahalli,
        Bengaluru - 560 079.                       ...APPELLANTS
                 (By Sri. M.V. Maheshwarappa, Advocate)

  AND
  1.    The Manager,
        HDFC ERGO General Insurance Co., Ltd.,
        M.G. Road, Bengaluru - 560 001.

  2.    Sri. Dilip Kumar M.S., S/o Sri. Suresha,
                                         2

             Aldahalli Village, Musavathur Post,
             Arkalgud Taluk, Hassan District-576 301.    ...RESPONDENTS

(By Sri. H.S. Lingaraj, Advocate for R-1, Notice to R-2 - d/w v.c.o. dated 15.02.2023)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.09.2022 PASSED IN MVC NO. 633/2021 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE & ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 amicably. 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. 4,90,000/- (Rupees Four

Lakhs Ninety Thousand only), in addition to what has been awarded by the

Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is

accepted.

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 enhanced compensation amount shall be disbursed in accordance

with the terms and conditions stipulated in the Judgment and Award passed by

the Claims Tribunal proportionately.

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