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 JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 1534/2019 ( MV) (Lok Adalat No. 366/ 19) BETWEEN 1. GOWRAMMA W/O LATE BERELINGAIAH AGED ABOUT 47 YEARS 2. L. B. NATARAJ S/O LATE BERELINGAIAH AGED ABOUT 27 YEARS 3. GANGHADHARA S/O LATE BERALINGAIAH AGED ABOUT 22 YEARS ALL ARE R/O K. LAKKIHALLY HONNAVALLI HOBLI TIPTUR TALUK TUMKUR DISTRICT – 572123.
4. USHA D/O LATE BERALINGAIAH AGED ABOUT 25 YEARS R/O KANCHAGARANAHALLY HONNAVALLI HOBLI TIPTUR TALUK.
5. HALKURAMMA W/O CHIKKABEERAIAH AGED ABOUT 72 YEARS R/O K. LAKKIHALLI VILLAGE HONNAVALLI HOBLI TIPTUR TALUK.
6. CHIKKABERAIAH S/O LATE HIRIYANNA AGED ABOUT 87 YEARS R/O K. LAKKIHALLI VILLAGE HONNAVALLI HOBLI TIPTUR TALUK TUMKUR DISTRICT-572 123.
(BY SRI MANJUNATH .N. D – ADVOCATE ) AND 1. K. RAGHAVENDRA RAO S/O K. ANNAYYA MAJOR R/O NIJAGAL VILLAGE DABASPET NELAMANGALA TALUK BENGALURU RURAL DISTRICT.
2. THE ORIENTAL INSURANCE CO., LTD., BASAVANGUDI BRANCH, BENGALURU BY ITS ONE OF THE BRANCH OFFICE AT TIPTUR, JAYADEVA HOSTEL BUILDING, B.H. ROAD, TIPTUR REPRESENTED BY ITS BRANCH MANAGER.
... APPELLANTS ... RESPONDENTS (BY SRI S.Y. SHIVALLI – ADV. FOR R.2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2018 PASSED IN MVC NO. 857/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TIPTUR, 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–Oriental 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.3,50,000/- (Rupees Three Lakh Fifty 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 apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the claims Tribunal. However, the entire share amount of each appellants-claimants shall be released in their favour, 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 KPS