HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.2218/2018 (MV) (Lok Adalat No.3718/2019) BETWEEN:
1. Dr. Ramya Mohan @ Dr. Ramya, W/o. Late. Pranesh B, Aged about 29 years, Nethravathi Road, Andanayya Extension, Kunigal, Tumkur-572 130.
2. Rakesh Mohan, S/o. Mohan P, Aged about 23 years, R/o. Permghat House, Tiruvenkalum Post, Ernakulum District, Keral State – 682 303.
3. P. Mohan, S/o. Padmanabhan Abramdari, Aged about 56 years, R/o. No.7/12, Perigottumadum, Tiruvenkalum Post, Ernakulum District, Kerala State – 682 303.
All are R/o. C/o. Nanjundegowda, House Owner, Opposite Konanur Police Station, Konanur Hobli, Arkalgud Taluk, Hassan District – 573 201.
(By Sri. Girish B Baladare, Advocate) AND:
1. The Manager, United India Insurance Co. Ltd, Central Office, 24 Whites Road, Chennai – 600014.
Rept. By the Manager, United India Insurance Company Ltd., Venkateshwara Building, P.B. No.108, B. M. Road, Hassan – 573 201.
2. Anil Kumar. C.R., S/o. Late. C.T. Ramappa, Major, No.666, 4th Main, 10-A Cross, Srinagara, Bengaluru – 560 050.
3. M.P. Dyavaiah, S/o. M.M. Poovaiah, Major, ...Appellants Shiramgalli Village & Post, Madapura, Somwarpete Taluk, Kodagu District – 571 236.
(By Sri. Ravish Benni, Advocate for R1) ...Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 13.11.2017 passed in MVC No.7/2017 on the file of the Senior Civil Judge, Member, MACT, Arkalgud, 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 first Respondent –United India 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 first respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.4,00,000/- (Rupees Four Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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. Out of the enhanced compensation of Rs.4,00,000/-, Rs.1,00,000/- is to be paid to appellant No.3- father and a sum of Rs.1,00,000/- is to be paid in favour of appellant No.2- major son and remaining Rs.2,00,000/- is to be paid to the appellant No.1- wife on proper identification and acknowledgment.
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 AP/-