HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.2512/2018 (MV) (Lok Adalat No.574/2019) BETWEEN 1. Smt. B.S. Roopa, W/o Late B.N. Ashok, Aged about 27 years, 2. Baby Adhya, D/o Late B.N. Ashok, Aged about 4 years, Since minor rep. by her guardian the mother i.e., Appellant No.1 Smt. B.S. Roopa All are R/at Bettdahalli Village, Tarikere Taluk, Chikkamagluru District. ... Appellants (By Sri. H.T. Jagadeesh, Advocate) AND 1. Mohamed Wajid, S/o Anwar @ Amir Jan, Aged about 47 years, R/at No.12, Gollara Oballappa Street, Jayanagara, Bengaluru - 04.
2. The Branch Manager, The Oriental Insurance Co. Ltd., No.20, 2nd Floor, 9th Main, Opp. Pai Viceroy Hotel, Jayanagara, 3rd Block, Bengaluru - 11.
3. K.R. Kamalakshamma @ Kamalamma, W/o Late Ningannaiah, Aged about 59 years, R/at Bettadahalli Village, Tarikere Taluk, Chikkamagaluru Dist. - 578 116. …Respondents (By Sri. C. Shankara Reddy, Advocate for R.2; Notice to R.1 d/w. v/o dt: 19.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2016 PASSED IN MVC NO.381/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL. JMFC, MACT, TARIKERE, 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 - 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.6,00,000/- (Rupees Six Lakh 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.
The learned counsel, Sri. C. Shankar Reddy is permitted to file vakalath within two weeks on behalf of the respondent No.2.
Sd/- JUDGE Sd/- MEMBER LL