HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 6518/2016 (MV) (Lok Adalat No. 94/2017) BETWEEN 1. Boraiah S/o Late Boraiah, Aged about 47 years.
2. Shobharaj S/o Boraiah, Aged about 19 years.
3. Prithwiraj S/o Boraiah, Aged about 18 years.
All are R/o Gowdagere Village, Keragodu Hobli, Mandya Taluk and District – 571 410. ... APPELLANTS (By Sri. M.Y. Sreenivasan, Advocate) AND 1. Vijaykumar K. S/o K. Krishna, Major, R/at Keelara Village, Keragodu Hobli, Mandya Tq.-571 405.
2. Manager, IFFCO-TOKIO General Insurance Co. Ltd., PLD Bank Building, Opp. DDPI Office, Mandya – 571 401. ... RESPONDENTS (By Sri. E.I. Sanmathi, Advocate for R-2, Notice to R-1– d/w v.c.o. dated 05.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.12.2015 PASSED IN MVC NO. 171/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, MANDYA, 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 – IFFCO-TOKIO General 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. 70,000/- (Rupees Seventy 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 terms of the Judgment and Award passed by the Tribunal and the entire shares of appellants 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