Karnataka High Court
Smt.Chinnamma vs M/S Iffco Tokio General Insurance Co. ... on 8 July, 2023
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JULY 2023
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE C.M. JOSHI
&
SRI. V. PRAKASH, MEMBER
M.F.A.No.1926/2022 (MV-D)
(Lok Adalat No.1889/2023)
BETWEEN:
1. SMT. CHINNAMMA,
W/O LATE. RAMAPPA,
AGED ABOUT 48 YEARS.
2. MR. SHIVAIAH,
S/O LATE. RAMAPPA,
AGED ABOUT 31 YEARS.
BOTH ARE RESIDING AT
BADAMAKANAHALLI VILLAGE,
HUNKUNDA, BANGARPET,
KOLAR DISTRICT - 563 162.
...APPELLANTS
(BY SRI. K. T. GURUDEVA PRASAD, ADVOCATE)
AND:
1. M/S IFFCO TOKIO GENERAL INSURANCE CO., LTD.,
MOTOR CLAIMS HUB,
NO.141, 4TH FLOOR,
SRI. SHANTHI TOWERS,
OPP. CUPA, 3RD MAIN,
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EAST OF NGEF LAYOUT,
KASTURINAGAR,
BENGALURU - 560 043.
2. DR. NAVEEN KUMAR K. L.,
S/O LAKSHMINARAYANAPPA K. N.,
AVANI VILLAGE AND POST,
MULBAGAL TALUK,
KOLAR DISTRICT - 563 141.
3. KARGAPPA B. V.,
S/O VENKATARAMAPPA,
BADAMAKANAHALLI VILLAGE,
HUNUGUND POST, BANGARPET TALUK,
KOLAR DISTRICT - 563 141.
4. THE MANAGER,
THE NEW INDIA ASSURANCE CO., LTD.,
T.P.HUB, MAHALAKSHMI CHAMBERS,
2ND FLOOR, M.G. ROAD,
BENGALURU.
...RESPONDENTS
(BY SRI. S. V. HEGDE MULKHAND, ADVOCATE FOR R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2020 PASSED IN MVC NO.7095/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M. MEMBER M.A.C.T, MAYO HALL UNIT, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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. 3
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. 7,00,000/- (Rupees Seven Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. We are satisfied that the settlement is just proper and is in the interest of justice and equity. Therefore, 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
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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 URN CT:PH