Smt. Manjula v. Sri. Venkatesh

SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 7095/2022 (MV) (Lok Adalat No. 1783/2024) BETWEEN

#2. Smt. Manjula W/o Late K. Anand, Now Aged about 34 years. Kum. Spoorthi D/o Late K. Anand, Now Aged about 13 years.

#3. Mast. Suprith A. S/o Late K. Anand, Now Aged about 10 years.

#4. Smt. Sarojamma W/o Krishnappa, Now Aged about 61 years. 2nd and 3rd minor appellants Are represented by natural Guardian/mother, 1st appellant herein. 2 All are residing near Renuka Yallamma Temple, Ambedkar Nagar, Bangarpet Road, Kolar Town. … Appellants. (BY SRI. GOPALKRISHNA N., ADVOCATE) AND:

#2. Sri. Venkatesh S/o Narayanappa, Major in age, residing at Jayaramashetty Layout, Devasandra, K.R. Puram, Bengaluru-560 036. The TATA AIG General Ins. Co. Ltd., 2nd Floor, JP & Devi Jambukeswar Arcade, No.69, Miller Road, Hudson Circle, Bengaluru-560 052, Rep: by its Manager. …Respondents (BY SRI. B. PRADEEP, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.09.2020 PASSED IN MVC NO. 189/2016 ON THE FILE OF THE MACT AND I ADDL. SENIOR CIVIL JUDGE, KOLAR, 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: 3 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. 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.7,50,000/- (Rupees Seven Lakhs Fifty 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. There are four claimants in the above appeal and if the enhanced compensation is apportioned in terms of the Judgment and Award, they will 4 get lesser compensation. Hence, the entire shares of appellant Nos.1 and 4 / claimants shall be released in their favour, on proper identification. Since the appellant Nos.2 and 3 are minors their entire shares shall be kept in fixed deposit in their names in any Nationalized / Scheduled Bank till they attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically.

#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