HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A. No.2674/2019 (MV) (Lok Adalat No.3334/2019) BETWEEN:
1. Smt. Devaki, w/o late K. Raghava, aged about 68 years, 2. Smt. Shrikala, W/o Umesh B.M., Aged 48 years, R/at. 3-258, Udayagiri, Aryapu Village & Post, Puttur Taluk, D.K.District – 574 201.
3. Smt. Srilatha, Wo Sudhakar B.K., Aged 46 years, 4. Mr. K. Gangadhara, S/o late K. Raghava, Aged 44 years, 5. Mr. Santhosh K., S/o late K. Raghava, Aged 42 years, Appellant No.1 is widow, Appellant Nos.2 to are children of Late K. Raghava, Appellant Nos.1, 3 to 5 are all Residing at D.No.3-77, Koppala House, Kadekar Temple Road, Jappinamogaru, Mangaluru Taluk, D.K. District – 575 008. ... Appellants (By Sri. Ravishankar Shastry G., Advocate) AND:
1. Mr. Harish U., S/o Venkappa Pandith, Aged about 37 years, R/at. Nisarga, Masthikatte, Ullal, Ullal Post, Mangaluru, D.K. District – 575 012.
2. The Oriental Insurance Co. Ltd., Branch Office, D.No.2-6/26(13), I Floor, REB Complex, Thokkottu, Mangaluru, D.K. District – 575 001, Represented by its Branch Manager. ... Respondents (By Sri. H.C. Vrushabhendraiah, Advocate for R.2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2018 PASSED IN MVC NO.965/2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT, DAKSHINA KANNADA, MANGALURU, 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 – Oriental 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.75,000/- (Rupees Seventy Five 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 as per the ratio adopted by the Claims Tribunal, 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 Sd/- MEMBER Mkm*