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.756/2017 (MV) (Lok Adalat No.2157/2019) BETWEEN 1. SMT CHANDRAKALA W/O JANARDHANA BANGERA AGED ABOUT 42 YEARS 2. JANARDHANA BANGERA S/O ANNU POOJARY AGED ABOUT 45 YEARS BOTH ARE R/AT BAJARU HOUSE TEKKARU VILLAGE, BELTHANGADY TALUK D.K. – 574 241 ... APPELLANTS (BY SRI S.RAJASHEKAR, ADVOCATE) AND 1. SATHISH KUMAR POOJARY S/O LATE VISHWANATH POOJARY AGED ABOUT 33 YEARS . R/O KOYILA POOJARY KONALU VILLAGE AND POST PUTTUR TALUK, D.K. – 574 201 2. JOMON K.KURIAKOSE S/O KURIAKOSE M.T. R/O SAROLIKERE HOUSE AGED ABOUT 43 YEARS NELLYADY, PUTTUR TALUK D.K. – 574 229 3. THE MANAGER THE NATIONAL INSURANCE CO. LTD., II FLOOR, RASIK CHAMBER OPPOSITE CENTRAL MARKET MARKET ROAD MANGALORE – 575 003 ... RESPONDENTS (BY SRI B.A.RAMAKRISHNA, ADVOCATE FOR R3; NOTICE TO R2 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2015 PASSED IN MVC NO.1669/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & A.C.J.M. AND MACT, PUTTUR, 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 third 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 third respondent- insurance company and its authorized officer is filed. The appellants-claimants has agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.5,30,000/- (Rupees Five Lakhs Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 judgment and award passed by Claims Tribunal.
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