SHARADA D v. GANESH LAGA

SMT. P.V. KALPANA, MEMBER M.F.A.NO.5423/2021 (MV) (LOK ADALAT NO.3863/2024) BETWEEN SHARADA D W/O LATE NAGARAJ AGE 22 YEARS, HOUSE WIFE R/O ANNEHAL VADARAHATTI VILLAGE, CHITRADURGA TALUK-577501 (BY SRI R SHASHIDHARA, ADVOCATE) AND

#1. GANESH LAGA S/O GOBINDA LAGA AGE 35 YEARS, OWNER OF LORRY BEARING NO.WB-17/N-0071 R/O BERBARI VILLAGE ARAMBAGH TALUK-712601 HUGLI DISTRICT, WEST BENGAL STATE ...APPELLANT 2

#2. THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., NO.1 AND 2, 1ST FLOOR, MAGANUR COMMERCIAL COMPLEX NEAR KSRTC BUS STAND, B D ROAD, CHITRADURGA-577501

#3. YELLAMMA W/O THIMMAPPA AGED ABOUT 67 YEARS R/O BEDARASHIVANAKERE VILLAGE BHARAMASAGARA HOBLI CHITRADURGA TALUK-577501 RESPONDENTS (BY SRI H C BETSUR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2021 PASSED IN MVC NO. 766/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellant – Claimant, respondent No.3 is present. The learned Counsel appearing for the 3 Respondent – Insurance Company along with its representative are present.

#2. After prolonged negotiations, the matter is settled. A joint memo signed by learned advocate appearing 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 and respondent No.3 have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.12,10,000/- (Rupees Twelve Lakh Ten 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

#4. Out of the enhanced compensation amount deposited by the Insurance Company in respect of appellant is concerned, her 50% share as apportioned by the Tribunal i.e., 65% to be deposited by the Insurance Company in Fixed Deposit the name of appellant/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest quarterly. The remaining 50% of her share as apportioned by the Tribunal i.e., 65% is ordered to be released in favour of the appellant – claimant, on proper identification. In respect of respondent No.3 is concerned, her entire share as apportioned by the Tribunal i.e., 35% is ordered to be released in her favour, on proper identification since she is aged about 67 years.

#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 SN