HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 1468/2016 (MV) (Lok Adalat No. 1350/2017) BETWEEN:
1. Smt. Indrani W/o Late Siddegowda, Aged about 25 years.
2. Male child (not named), Lokesh S/o Late Siddegowda, Aged about 03 years, (Since the 2nd appellant is minor, Represented by his Natural Guardian and Mother i.e., appellant No.1).
3. Smt. Padmamma W/o Ningegowda, Aged about 46 years.
4. Ningegowda S/o Eeregowda, Aged about 57 years.
All are residing at Kergally Village, Mysuru Taluk and District. .. Appellants (By Sri. H.V. Bhanu Prakash, Advocate) AND:
1. Mr. Noufal S/o Pathu, Major, Residing at #1/22F, Keezhutta House, Vellamunda P.O., Manandawadi-670 731, Wayanadu District, Kerala State.
2. The Divisional Manager, The New India Assurance Company Ltd., T.P. Hub, JLB Road, Chamundipuram Circle, Mysuru-570 004. .. Respondents (By Sri. R. Jaiprakash, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 03.02.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.03.2015 PASSED IN M.V.C. NO.552/2014 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES IN CONCURRENT CHARGE OF ADDITIONAL COURT OF SMALL CAUSES AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-New India Assurance Company Ltd., along with its counsel 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 global compensation of Rs. 9,20,000/- (Rupees Nine Lakhs Twenty 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv