HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A.No. 2796/2018 (MV) (Lok Adalat No. 230/2019) BETWEEN 1. Smt. Bhagyamma, W/o Late Naganna @ Nagaraju, aged about 36 years, 2. Anjan Kumar H.S.
s/o Late Naganna @ Nagaraju, aged about 19 years, both are r/o Hoskee Village, Hagalavadi Hobli, Gubbi Taluk, Tumkur District.
3. Beesanna @ Beesaiah, s/o late Hanumanthaiah, aged about 58 years, All are r/at. Santhenahalli Village, Chelur Hobli, Gubbi Taluk, Tumkuru District.
Now all are r/o. Yallapura Arakere, Tumakuru Mahanagara Palike – 577 501. ... Appellants (By Sri Sathisha T., Advocate) AND 1. Rohit B.N., S/o Nagaraju B.S., r/o 240, C/o R.K.Bhat, 4th Main, 1st Cross, 6th Block, 2nd Phase, 3rd Stage, Bhanashankari, Bangalore – 560 085.
2. The Manager, National Ins. Co. Ltd., Div. No.101-106, N-1, BMC House, Connaught Place, New Delhi, Servicing Address:
The Manager, National Insurance Co. Ltd., Kasturi Mansion, Behind Krishna Talkies, M.G.Road, Tumakuru, Now represented by:
The Regional Manager, National Ins. Co. Ltd., Regional Office, No.144, 2nd Floor, Subharam Complex, M.G.Road, Bangalore – 560 001. ... Respondents (By Sri Janardhana Reddy, Advocate for R-2, Notice to R.1-d/w. v/o. dated 30.01.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.03.2017 PASSED IN MVC NO. 449/2016 ON THE FILE OF THE II ADDL. DISTRICT JUDGE & M.A.C.T., TUMAKURU, 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 – 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. 5,50,000/- (Rupees Five 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 as per the ratio adopted by the claims Tribunal. At the time of filing the claim petition, the appellant No.2 was a minor, now he has attained the age of majority. Hence, the entire share amount of appellant no.2 shall be released in his 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 Mkm Sd/- MEMBER