KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SMT THARA S – Appellant
Versus
SIDDAPPA ODEYAR – Respondent
MFA 2490/2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2021
CONCILIATORS PRESENT:
THE HON9BLE MR. JUSTICE P.S.DINESH KUMAR
&
SMT. S.SUSHEELA, MEMBER
M.F.A.No. 2490/2021 (MV)
(Lok Adalat No. 2838/2021)
BETWEEN:
1.
SMT. THARA .S
W/O LATE VIJAYA KUMAR,
AGED ABOUT 25 YEARS,
2.
SMT. PARVATHAMMA
W/O MARILINGAIAH
AGED ABOUT 46 YEARS
3.
SRI. MARILINGAIAH
S/O LATE KUNNAIAH
AGED ABOUT 47 YEARS,
ALL ARE RESIDENT OF:
# 245/3, C.A.KERE HOBLI,
BHARATHINAGAR, MADDURU-
-TALUK, MANDYA DISTRICT.
... APPELLANTS
(BY SRI. PUTTA SWAMY C, ADVOCATE)
AND:
1.
SIDDAPPA ODEYAR
S/O MAHADEVAPPA ODEYAR,
THALAGAVADI VILLAGE,
KIRAGAVAL POST,
MALAVALLI TALUK,
2
MANDYA DISTRICT
(R1 - EXPARATE)
2.
THE NEW INDIA ASSURANCE CO., LTD
REGIONAL OFFICE,
NO.9/2,2ND FLOOR,
MAHALAKSHMI CHAMBERS,
M.G.ROAD, BANGALORE - 01.
[REPRESENTED BY ITS MANAGER]
... RESPONDENTS
(BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT
AND
AWARD
DT:
29.01.2021
PASSED
IN
MVC
NO.184/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE AND MACT, BENGALURU, (SCCH-11), 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 through video conferencing/Physical Hearing. The learned
Counsel appearing for the Respondent 3 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
3
lump-sum of Rs.7,00,000/- (Rupees Seven Lakhs only), in addition to
what has been awarded by the claims 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 apportionment, deposit and release of the enhanced
compensation amount shall be made in terms of the Judgement and
Award passed by the Claims Tribunal.
5.
This Miscellaneous First Appeal stands disposed of in terms of
the Joint memo. The Judgment of the Tribunal shall stands modified
accordingly. Draw up the Award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
RN