HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 11586/2012 (MV) (Lok Adalat No. 5512/2017) BETWEEN:
1. Smt. Anitha Bai W/o Late Ganga Naik, Aged about 32 years, House hold.
2. Kum. Priyanka D/o Late Ganga Naik, Aged about 15 years.
3. Master Manjunath S/o Late Ganga Naik, Aged about 13 years.
4. Kalee Bai W/o Devala Naik, Aged about 59 years.
Since appellants No.2 and 3 are minors and They are rep. by their natural guardian i.e. Mother, the appellant No.1.
All are Residents of Pavada Rangavanna Halli, Davanagere Taluk & District. .. Appellants (By Sri. M.R. Hiremathad, Advocate) AND:
1. Sri. Somashekhara S/o Nagappa, C/o Chinnu Swamy, Driver of the Bus bearing Reg. No.KA-17/C-3141, R/o #734/4, Sree Krishna Engineering Works Compound, In front of Old Bus Stand, P.B. Road, Davanagere Taluk-577 002.
2. Sri. Chinnur Swamy S/o Chinnagowdar, Aged about 56 years, Owner of the Bus bearing Reg. No.KA-17/C-3141, R/o #734/4, Sree Krishna Engineering Works Compound, In front of Old Bus Stand, P.B. Road, Davanagere Taluk-577 002.
3. The Divisional Manager, New India Assurance Company Ltd., A.M. Arcade, Near Vidyarthi Bhavan, Davanagere – 577 004. .. Respondents (By Sri. Ashok N. Patil, Advocate for R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 14.08.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.02.2011 PASSED IN M.V.C. NO.1018/2008 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND VI ADDL. MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-New India Assurance Company Ltd., along with its counsel 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 global compensation of Rs. 1,30,000/- (Rupees One Lakh Thirty 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 and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv