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 L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.6639/2016 (MV) (LOK ADALATH NO.376/2019) BETWEEN:
1. SMT.BHUVANESHWARI P W/O LATE PANEER SELVAM AGED ABOUT 39 YEARS 2. KUM. PREETHI.P D/O LATE PANEER SELVAM AGED ABOUT 19 YEARS 3. MAS. PRAVEEN KUMAR.P S/O LATE PANEER SELVAM, AGED ABOUT 16 YEARS SINCE 3RD APPELLANT IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN/MOTHER/BHUVANESHWARI.
ALL ARE R/AT NO.47, N.K.FARM, DUBASIPALYA, R.V. COLLEGE POST, MYSURU ROAD, BANGALORE – 59 ... APPELLANTS (BY SRI. PUTTASWAMY C, ADV.) AND:
1. THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ASST. TRANSPORT OFFICER SATELLITE BUS STATION, BAPUJINAGAR, MYSURU ROAD, BANGALORE - 560 026. (REPRESENTED BY IS LAW OFFICER) 2. THE NEW INDIA ASSURANCE CO., LTD REGIONAL OFFICE, NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE - 01. (REPRESENTED BY ITS MANAGER) ... RESPONDENTS (BY SRI.H.M.MANJUNATH , ADV. FOR R1; SRI.A.M.VENKATESH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.4.2016 PASSED IN MVC NO.2587/2015 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, MACT, 28TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 22.01.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,45,000/- (Rupees Two Lakhs Forty Five Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim and the appellants have agreed to receive the same. A joint memo has been filed to that effect.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Apportionment of the enhanced amount shall be as per the order or the Tribunal. Registry to draw up the Award accordingly.
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ACTING CHIEF JUSTICE Sd/- MEMBER lnn