HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No. 7831/2017 (MV) (Lok Adalat No. 6276/2017) BETWEEN 1. Anusuyamma W/o Late Boraiah, Aged about 43 years, 2. Lakshmi B. D/o Late Boraiah, Aged about 26 years, 3. Rekha B. D/o Late Boraiah, Aged about 24 years.
4. Raghu B. S/o Late Boraiah, Aged about 22 years.
5. Shambavi B. D/o Late Boraiah, Aged about 19 years.
All are r/o Mahadevapura Village, Kasaba Hobli, Srirangapatna Taluk, Mandya District – 571438. ... Appellants (By Sri Sreenivasan M.Y., Advocate) AND 1. Sannamadashetty S/o Late Madashetty, Major, R/o Vajamangala Village, Varuna Hobli, Mysore Tq, Mysore District – 570031.
2. The Divisional Manager, Oriental Insurance Co. Ltd., New Muslim Hostel Complex, Opp. to Fire Brigade, Saraswathipuram, Mysore – 570012. …Respondents (By Sri C.Shankar Reddy, directed to take notice for R-2, Notice to R.1 d/w. v.o. dated: 23.11.2017] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2017 PASSED IN MVC NO. 765/2016 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 claimants - appellants and the learned Counsel for the respondent – Oriental Insurance Company Limited, 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. 1,50,000/- (Rupees One Lakh Fifty 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 in terms of the Judgment and Award passed by the 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