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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.1156/2019 (MV) (Lok Adalat No.2431/2019) BETWEEN:
1. KAVERI, W/O. MAJEGOWDA, NOW AGED ABOUT 43 YEARS, 2. AKASH, S/O. MAJEGOWDA, NOW AGED ABOUT 19 YEARS, 3. RANGEGOWDA, S/O. LATE KARIGOWDA, NOW AGED ABOUT 80 YEARS, 4. PARVATHAMMA, S/O. RANGEGOWDA, NOW AGED ABOUT 62 YEARS, ALL ARE R/A. MUTHATHI VILLAGE, KUDURUGUNDI POST, DUDDA HOBLI, HASSAN TALUK – 573 201.
(BY SRI RAGHU R., ADVOCATE) AND:
1. HEAD MASTER, … APPELLANTS CHIRANTHAN PRIMARY SCHOOL, K.H.R. SATHYAVANGALA, HASSAN – 573 201.
2. THE MANAGER, THE NEW INDIA INSURANCE CO., LTD., CHANDAN COMPLEX, HASSAN – 573 201.
… RESPONDENTS (BY SRI ASHOK N. PATIL, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2018 PASSED IN MVC NO.494/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, 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 second Respondent - New India Assurance 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.7,00,000/- (Rupees Seven Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 of the enhanced compensation 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 HB/-