HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA .S CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 10312/2012(MV) (Lok Adalat No.4001/2017) BETWEEN :
1. MRS BABY W/O DASAPPA MUGERA, AGED ABOUT 35 YEARS, 2. MR DASAPPA MUGERA S/O GURUVA, AGED ABOUT 42 YEARS, 3. SHAMILI D/O DASAPPA MUGERA, AGED ABOUT 20 YEARS, 4. SANDEEEP S/O DASAPPA MUGERA, AGED ABOUT 18 YEARS, 5. ANITHA D/O DASAPPA MUGERA, AGED ABOUT 15 YEARS, 6. CHETHAN S/O DASAPPA MUGERA, AGED ABOUT 14 YEARS.
APPELLANTS 5, 6 ARE MINORS CHILDREN REPRESENTED BY THEIR NEXT FRIEND MOTHER CLAIMANT NO.1.
ALL ARE R/O 1ST CROSS, VIVEKNAGAR, PANJIMOGARU, KULOOR, MANGALORE TALUK-575 001. ... APPELLANTS (BY: SRI. P KARUNAKAR, ADVOCATE) AND :
1. MR NARAYANA S/O DERA POOJARY, AGED ABOUT 52 YEARS, R/AT D.NO.2, 11881/1, GOKARNATHA, NEAR NH 17, SANKAYYA GUDDE, BEJAI, MANGALORE TALUK-575 001.
2. THE ORIENTAL INSURANCE CO LTD KRISHNA PRASAD BUILDING, 3RD FLOOR, M G ROAD, MANGALORE-575 001. ... RESPONDENTS (BY: SRI. H S LINGARAJ, ADVOCATE FOR R2, NOTICE FOR R1 IS D/W V/O DATED: 03/11/2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.7.2012 PASSED IN MVC NO.356/2010 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, MANGALORE, 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 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 global sum of Rs.1,35,000/- (Rupees One Lakh Thirty Five 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 of the enhanced compensation amount shall be made in accordance with the directions of the learned Tribunal in its Judgment and Award. The compensation payable to the minor children shall be kept in Fixed Deposit in their names in any Nationalized Bank till they reaches the age of majority and to be renewed annually. The compensation payable to the other claimants shall be released in their favour on proper identification.
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