HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.4569/2018 (MV) (Lok Adalat No.680/2019) BETWEEN 1. Pankaja, W/o Late Mallappa, Aged about 44 years, 2. Rajendra, S/o Late Mallappa, Aged about 28 years, 3. Lokesha, S/o Late Mallappa, Aged about 26 years, 4. Mallesha, S/o Late Mallappa, Aged about 23 years, All are R/Gattavadi Village, Kavalande Hobli, Nanjangud Taluk, Mysuru Dist. - 570 053. ... Appellants (By Sri. M.Y. Sreenivasan, Advocate) AND 1. Abdul Pasha, S/o Mohd. Ghouse, Major, R/at No.154, 5th Cross, 1st Main, Shanthinagara, Mysuru - 570 021.
2. The Branch Manager, Shriram General Ins. Co. Ltd., No.55, 2nd Floor, Monarch Chambers, Infantry Road, Bengaluru - 560 001.
3. Rechanna G.C, S/o Chinnaswamy Major, R/at No.159, Gattavadi, Nanjangud Taluk, Mysuru Dist. - 570 036.
4. The Divisional Manager, The New India Assurance Co. Ltd., Divisional Office, JLB Road, Mysuru - 570 023. ... Respondents (By Sri B. Pradeep, Advocate for R.2) MFA FILED U/S 173(1) OF MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2018 PASSED IN MVC NO.49/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants - Claimants and the learned Counsel for the Respondent No.2 - Shriram General Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants - Claimants have agreed to receive and the Respondent No.2 - Insurance Company has agreed to pay a lump-sum of Rs.2,75,000/- (Rupees Two Lakh Seventy-five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent No.2 - 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. Out of the enhanced compensation amount, Rs.75,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellants as per the ratio adopted by the claims Tribunal for a period of three years with liberty to withdraw the accrued interest periodically and remaining amount of Rs.2,00,000/- shall be released in their favour proportionately, 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 LL