HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.2842/2017 (MV) (LOK ADALATH NO.117/2019) C/W MFA CROB. NO.15/2018 (LOK ADALATH NO.116/2019) IN M.F.A. NO.2842/2017:
BETWEEN:
THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., NEAR ARUNA TALKIES P B ROAD DAVANAGERE THROUGH ITS HUBBALLI REGIONAL OFFICE SUJATHA COMPLEX, LAMINGTON ROAD OPP. HDMC, HUBBALLI-580020 REPRESENTED BY ITS DEPUTY MANAGER ... APPELLANT (BY SRI. S V HEGDE MULKHAND, ADV.) AND 1. SMT. KAMALAMMA W/O LATE MANJAPPA AGED ABOUT 28 YEARS 2. KUMAR BYRESH S/O LATE MANJAPPA AGED ABOUT 9 YEARS 3. KUMARI BHAVANI @ BHAVANA D/O LATE MANJAPPA AGED ABOUT 6 YEARS 4. SMT NINGAMMA W/O LATE KODIHALLI HANUMANTHAPPA AGED ABOUT 58 YEARS THE RESPONDENTS NO.2 & 3 ARE THE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, THE RESPONDENT NO.1 ALL ARE R/O MAYAKONDA VILLAGE DAVANAGERE TALUK AND DISTRICT-577534.
5. SRI RAMESH S/O SIDDARAMAPPA AGED ABOUT 36 YEARS R/O SIDDAGONDANAHALLI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT-577527 6. SRI NAIZ AHAMED S/O M D SHARIFF AGED ABOUT 45 YEARS R/O POLICE LINE B H ROAD THIPTUR TOWN THIPTUR-572201 (BY SRI.SIDDESH N, ADVOCATE FOR R1-R4) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.09.2016 PASSED IN MVC NO.559/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, VI MACT, DAVANAGERE AWARDING COMPENSATION OF RS.12,47,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION UNTIL REALIZATION.
IN MFA CROB.NO.15/2018:
BETWEEN:
1. SMT. KAMALAMMA W/O LATE MANJAPPA AGED ABOUT 28 YEARS 2. KUMAR BYRESH S/O LATE MANJAPPA AGED ABOUT 9 YEARS STUDENT 3. KUMARI BHAVANI @ BHAVANA D/O LATE MANJAPPA AGED ABOUT 6 YEARS STUDENT 4. SMT NINGAMMA W/O LATE KODIHALLI HANUMANTHAPPA AGED ABOUT 58 YEARS APPELLANT NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E. APPELLANT NO.1 ALL ARE R/O MAYAKONDA VILLAGE DAVANAGERE TALUK AND DISTRICT-577534 ...CROSS OBJECTORS (BY SRI.SIDDESHI N., ADVOCATE) AND 1. SRI.S. RAMESH S/O SIDDARAMAPPA AGED ABOUT 36 YEARS, DRIVER OF BUS BEARING REG NO.KA-16 B 104 R/O SIDDAGONDANAHALLI VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT-577527 2. SRI NAYAZ AHAMED S/O M.D. SHARIF AGED 45 YEARS OWNER OF BUS BEARING NO. KA 16 B 104 R/O POLICE LINE, B.H. ROAD, THIPTUR TOWN, TUMKUR DISTRICT-572201.
3. DIVISIONAL OFFICER ORIENTAL INSURANCE COMPANY LIMITED NEAR ARUNA THEATRE, P.B. ROAD, DAVANAGERE-577004.
... RESPONDENTS (BY SRI.S V HEGEDE MULKHAND, ADVOCATE FOR R3) THIS MFA.CROB IN MFA.NO.2842/2017 FILED U/O XLI RULE 22 OF CPC, R/W SEC. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.09.2016 PASSED IN MVC NO.559/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, VI MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA CONNECTED WITH CROSS OBJECTIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the Appellant-Insurance Company along with its representative and the learned counsel for the respondent Nos.1 to 4-claimants are present.
2. After prolonged negotiations, the matter is settled. The Appellant-Insurance Company has agreed to pay and the respondent Nos.1 to 4-claimants have agreed to receive a sum of Rs.12,62,300/- (Rupees Twelve Lakhs Sixty Two Thousand and Three Hundred Only) with interest at 6% p.a., instead of Rs.12,47,000/- with interest at 8% p.a. 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 Appellant-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. The amount, if any, deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
4. The apportionment, deposit and release of the compensation amount shall be made as per the Judgment and Award passed by the Tribunal.
5. Miscellaneous First Appeal No.2842/2017 filed by the Appellant-Insurance Company stands disposed of in terms of the Joint memo. The judgment and award of the Tribunal shall stands modified accordingly.
In view of the settlement arrived at between the parties in MFA No.2842/2017, connected case in MFA Crob.No.15/2018 filed by the claimants is also disposed of. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER