Smt. Kala vs S P Manjunatha
2024 Latest Caselaw 1361 Kant

Karnataka High Court

Smt. Kala vs S P Manjunatha 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. 1587/2023 (MV)
                    (Lok Adalat No. 2888/2023)
  BETWEEN:
  Smt. Kala W/o Gangadharaiah,
  Aged about 38 years,
  R/at Nandhihalli, Gubbi Taluk-572 216.
  Now residing at
  Sathyamangala Kasaba Hobli,
  Tumkuru Town - 572 101.                               ...APPELLANT
                      (By Sri. M.B. Ryakha, Advocate)

  AND:
  1.     S.P. Manjunatha S/o Pranesh,
         Aged about 39 years, Electrical Contractor,
         R/at Sannappanapalya, Hirehalli Post,
         Urdigere Hobli, Tumkuru Taluk,
         Tumkuru District-572 101.
  2.     The Manager,
         HDFC ERGO General Insurance Co. Ltd.,
         No.25/1, 2nd Floor, Building No.2,
                                         2

             Shankaranarayana Building,
             No.2, M.G. Road,
             Bengaluru - 560 001.                        ...RESPONDENTS

(By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 - d/w v.c.o. dated 14.07.2023)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2022 PASSED IN MVC NO. 383/2020 ON THE FILE OF THE I ADDL. DISTRICT & SESSIONS JUDGE AND MACT, TUMAKURU, 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 Appellant - Claimant 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 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. 70,000/- (Rupees

Seventy 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 entire enhanced compensation amount shall be disbursed 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