HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.9174/2015 (MV) (Lok Adalat No.965/2019) BETWEEN 1. MRS.BHAVANI W/O LATE KANTHAPPA GOWDA AGED ABOUT 67 YEARS R/AT. NELAPAL, PADNOOR VILLAGE & POST, PUTTUR TALUK DAKSHINA KANNADA DISTRICT – 574 201 2. SMT SEETHALAKSHMI W/O. BABU D/O. LATE KANTHAPPA GOWDA AGED ABOUT 42 YEARS R/AT. SAVANOOR VILLAGE & POST PUTTUR TALUK DAKSHINA KANNADA DISTRICT – 574 201 3. PADMAVATHI W/O LATE KANTHAHAPPA GOWDA AGED ABOUT 40 YEARS R/AT PERNE VILLAGE & POST BANTWAL TALUK DAKSHINA KANNADA DISTRICT – 574 211 4. SMT UMAVATHI W/O KRISHNAPPA D/O LATE KANTHAPPA GOWDA AGED ABOUT 38 YEARS R/AT KUTHIMUNDA, DETLAMPADY VILLAGE & POST, KASARAGOD TALUK & DISTRICT KERALA STATE – 560 008 5. HARISH S/O LATE KANTHAPPA GOWDA AGED ABOUT 37 YEARS R/AT NELAPAL, PANDOOR VILLAGE & POST, PUTTUR TALUK DAKSHINA KANNADA DISTRICT – 574 201 6. SMT CHITHRA D/O LATE KANTHAPPA GOWDA AGED ABOUT 35 YEARS R/AT SARALABETTU MANIPAL ISHWARA NAGARA UDUPI TALUK UDUPI DISTRICT – 572 601 7. MOHANA S/O LATE KANTHAPPA GOWDA AGED ABOUT 29 YEARS R/AT NELAPAL, PANDOOR VILLAGE & POST, PUTTUR TALUK DAKSHINA KANNADA DISTRICT – 574 201 ... APPELLANTS (BY SRI VISHWANATHA POOJARY K., ADVOCATE) AND 1. P.RADHAKRISHNA PAI S/O P.JANARDHANA PAI AGED ABOUT 48 YEARS R/AT CAR STREET VITTAL KAASABA VILLAGE P.O. VITTAL, BANTWAL TALUK DHAKSHINA KANNADA – 574 211 2. NATIONAL INSURANCE CO. LTD., REP. BY ITS SENIOR DIVISIONAL MANAGER NO.30, BHARATH BUILDING P.M.RAO ROAD, MANGALORE DAKSHINA KANNADA DISTRICT – 575 001 ... RESPONDENTS (BY SRI M.ARUN PONNAPPA, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.06.2015 PASSED IN MVC NO.372/2013, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants – claimants and the learned Counsel appearing for the second respondent – National Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a global compensation of Rs.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 entire enhanced compensation amount shall be released in favour of the appellants – claimants proportionately, 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 KLV Sd/- MEMBER