HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No. 1590/2017 (MV) (Lok Adalat No. 4202/2017) BETWEEN 1. Smt. J.Devamma, W/o Late Basavalingappa, Now aged about 62 years, 2. Smt. Kavyashee B. Madapura, D/o Late Basavalingappa, Now aged about 30 years, 3. Sri Vikas B. Madapura, D/o Late Basavalingappa, Now aged about 29 years, All are R/at No.9[30/1], Poojamaya, 22nd Main, 14th Cross, Raghavendra Layout, P.B.Nagara, Bangalore – 070, Permanent R/at No.138, Kengunte, Hollalakere, Chitradurga – 577 531. ... Appellants (By Sri Raghu R., Advocate) AND 1. John P.Suprao, Major, Partner G and M Transport Company, “Apoorva” 1st Floor, Sultan Battery Road, Bollor, Mangalore – 575003.
2. The Manager, The Oriental Ins. Co. Ltd., Regional Office No.44/45, Leo Shopping Complex, Residency Road, Bangalore – 560025. ... Respondents (By Sri B.C.Seetharama Rao, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2016 PASSED IN MVC NO. 4040/2015 ON THE FILE OF XIII ADDL. SMALL CAUSE JUDGE AND MEMBER MACT, BANGALORE, 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 claimants - appellants 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. 1,50,000/- (Rupees One 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the 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 Mkm