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 K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A.No. 3272/2014 (MV) (Lok Adalat No. 6914/2017) BETWEEN 1. Angamma W/o Late Manjunatha @ Soma, Aged about 33 years, 2. Jyothi D/o Late Manjunatha @ Soma, Aged about 13 years, 3. Akshay S/o Late Manjunatha @ Soma, Aged about 11 years, 4. Kaliyamma W/o Rangaswamy Aged about 63 years, All are r/o. Cheekanahally Bande Village, Arehally Hobli, Belur Taluk, Hassan District – 573 201.
2nd and 3rd appellants are minors, They are rep. by their mother-
1st appellant. ... Appellants (By Sri D.P. Ashok, Advocate) AND 1. Prasanna, S/o Nirvanegowda, major, Ballur Village, Kasaba Hobli, Belur Taluk, Hassan District – 573 201, (Owner of T.V.S. Victor Bike No.KA-46/E-750) 2. The National Ins. Co. Ltd., 1st Floor, Manjunatha Complex, Bus Stand Road, Hassan – 573 201, (policy No.OG-12-1712-1811-00000067 Valid from 16.04.2011 to 15.04.2012). ... Respondents (By Sri S. Srishaila, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2012 PASSED IN MVC NO. 132/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & M.A.C.T., BELUR, 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 – National 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 - Insurance Company has agreed to pay a lump-sum of Rs. 6,25,000/- (Rupees Six lakh Twenty 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 – 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 as per the ratio adopted by the claims Tribunal.
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 Mkm Sd/- MEMBER