HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.3008/2013 (MV) (Lok Adalat No.943/2019) BETWEEN 1. SMT GOWRAMMA W/O LATE RAMEGOWDA AGED 46 YEARS 2. SMT LAKSHMI W/O LATE RANGAIAH AGED 29 YEARS BOTH ARE R/AT NO.374 17TH MAIN, 1ST CROSS MUNESHWARA BLOCK AVALAHALLI BANGALORE – 560 026 ... APPELLANTS (BY SRI M.BABU, ADVOCATE) AND 1. SRI VIJAYA FERNANDIES S/O B.S.FERNANDIA PUTRABAIL HOUSE LAULA POST, BELTHANGADY SOUTH CANARA 2. SRI KARIYAPPA S/O VENKATE GOWDA HARALAHALLY HOLENARASIPURA TALUK HASSAN DISTRICT 3. THE NATIONAL INSURANCE CO. REP. BY ITS MANAGER LAKSHMI COMPLEX S’T MARKS ROAD BANGALORE – 560 001 ... RESPONDENTS (BY SMT GEETHA RAJ, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.01.2013 PASSED IN MVC NO.1222/2011 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE, 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 third respondent – National 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 third respondent- insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.8,10,000/- (Rupees Eight Lakhs Ten Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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, deposit and release the enhanced compensation amount shall be made as per the judgment and award passed by the Claims Tribunal.
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 KLV