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.8970/2017 (MV) (Lok Adalat No.2171/2019) BETWEEN 1. SMT CHIKKAMMA W/O LATE KEMPAIAH AGED ABOUT 58 YEARS 2. NARASIMHA MURTHY S/O LATE KEMPAIAH AGED ABOUT 39 YEARS 3. GURANATHA S/O LATE KEMPAIAH AGED ABOUT 37 YEARS 4. RAJANNA S/O LATE KEMPAIAH AGED ABOUT 35 YEARS 5. SREENIVASA S/O LATE KEMPAIAH AGED ABOUT 33 YEARS ALL ARE R/O.KUNTEGOWDANAHALLI KALLAMBELLA HOBLI SIRA TALUK PETTIIONER NO.1 NOW R/AT SANTHEPETE, SIRA TOWN – 572 137 ... APPELLANTS (BY SRI HANUMANTHARAYAPPA K., ADVOCATE) AND 1. SREENIVASA S/O.MOODLAPPA AGED ABOUT 37 YEARS R/O.AMALAGONDI, SEEBI AGRAHARA POST SIRA TALUK TUMKUR DISTRICT – 572 101 (OWNER OF MOTORCYCLE BEARING REG.NO.KA-06 EM 2744) 2. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, TUMKUR KASTURI MANSION, M.G.ROAD BEHIND KRISHNA TALKIES ABOVE CORPORATION BANK TUMKUR – 572 101 (POLICY VALID FROM 26.12.2012 TO 25.12.2013 MOTORCYCLE BEARING REG. NO.KA -06 EM 2744) ... RESPONDENTS (BY SRI A.RAVISHANKAR, ADVOCATE FOR R2;
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.06.2017 PASSED IN MVC NO.706/2014 ON THE FILE OF SENIOR CIVIL JUDGE & MACT, SIRA 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 lump-sum of Rs.1,50,000/- (Rupees One Lakh 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, 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