HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI. A.K. BHAT, MEMBER M.F.A.No.5874/2018 (MV) (Lok Adalat No.142/2019) BETWEEN 1. Ramesh, S/o Late Purohitha Subramanyachar, Aged about 57 years, 2. Kamakshamma, S/o Late Purohitha Subramanyachar, Aged about 52 years, 3. Ananda Kumar S/o Late Purohitha Subramanyachar, Aged about 52 years, All are R/at No.249, 9th Cross, T.K. Layout, Mysuru.
Now R/at C/o Ananda, Neralakere, Srirangapatna Taluk, Mandya Dist. - 571 405. ... Appellants (By Sri. K.M. Sanath Kumara, Advocate) AND 1. Geetha S.M, S/o Prakash S, Major, R/at No.371, Nethi Marga, Siddarthanagara, Mysuru - 570 069.
2. The Divisional Manager, The National Insurance Co. Ltd., Adichunchanagiri Road, Near R.M.P. Quarters, Kuvempunagara, Mysuru - 570 015. …Respondents (By Sri. Lexplexus, Advocate for R.2; Notice to R.1 d/w. v/o dt: 15.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.03.2017 PASSED IN MVC NO.277/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 Appellants - Claimants and the learned Counsel for the Respondent - National Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants - Claimants have agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand only), in addition to what has been 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 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 proportionately, 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 LL