HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. PRADEEP, MEMBER M.F.A.No. 1375/2016 (MV) (Lok Adalat No. 3818/2017) BETWEEN 1. Smt. Baby Shedthi W/o Late Subbanna Shetty, Aged about 53 years.
2. Sri. Amulya Shetty S/o Late Subbanna Shetty, Aged about 36 years.
3. Sri. Akash B. Shetty S/o Late Subbanna Shetty, Aged about 34 years.
All are residing at Hosala Village, Barkuru, Udupi Taluk & District-572 101. ... APPELLANTS (By Sri. K. Prasanna Shetty, Advocate) AND 1. Sri. H. Krishnayya Shetty S/o Narasimha Shetty, Aged about 62 years, R/at Sampigeyadi, 74, Ulluru Village, Kundapura Taluk, Udupi District-572 101.
2. National Insurance Co. Ltd., Branch Office: Mangalore, Rep. by its Divisional Manager, Divisional Office, Udupi-572 101. ... RESPONDENTS (By Smt. Geetha Raj, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 14.09.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2014 PASSED IN MVC NO. 1255/2008 ON THE FILE OF THE ADDL. DISTRICT & SESSIONS JUDGE & ADDL. MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, 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 – 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. 2,12,000/- (Rupees Two Lakhs Twelve 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 Rbv Sd/- MEMBER