HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 9478/2013 (MV) (Lok Adalat No. 3358/2017) BETWEEN:
1. Smt. B.Shilpa, D/o Late Basavaraju, Aged about 24 years, 2. Kum. B.Shruthi D/o Late Basavaraju, Aged about 22 years, 3. Sri B.Raghavendra, S/o late Basavaraju, Aged about 19 years, All are r/o Marlegala Village, K.Shettahalli Hobli, Srirangapatna Taluk, Mysore District. .. Appellants (By Sri K.S.Narayana Swamy, Advocate) AND:
1. Sri Surendra Singh, S/o Kesar Singh, Rajputs, Aged about 36 years, R/o. Ganjam, Gadi Karkane Beedi, Srirangapatna Taluk, Mysore District.
(Owner-cum-driver of the Goods Tempo bearing No.AP-28/T-5377) 2. The Divisional Manager, New India Assurance Co. Ltd., Nazarbad Branch, No.73, 1st Floor, Madhvesh Complex, Mahadeshwar Road, Nazarbad, Mysore.
Policy valid from 11.1.2011 to 10.1.2012. .. Respondents (By Sri K.Surya Narayana Rao, Advocate for R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.04.2013 PASSED IN M.V.C. NO.620/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, 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 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 lump-sum compensation of Rs. 1,90,000/- (Rupees One Lakh Ninety 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