HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT. M. JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL No. 3062/2012 (MV) (Lok Adalat No. 4951/2016) BETWEEN:
1. JALAJA ACHAR, W/O LATE SHEKAR ACHAR, AGED ABOUT 48 YEARS, 2. RATHNA, AGED ABOUT 41 YEARS D/O LATE SHEKARA ACHAR, 3. SHANTHA, AGED ABOUT 39 YEARS, D/O LATE SHEKARA ACHAR, 4. SAROJA, AGED ABOUT 31 YEARS D/O LATE SHEKARA ACHAR, ALL ARE RESIDING AT YADABETTU, MOODUHADU VILLAGE, UDUPI TALUK-576226.
... APPELLANTS (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE) AND:
1. THIPPANA, AGED ABOUT 28 YEARS, S/O RAMANNA, R/O BANDIVADDER VADDER ONI, HOSUR, HUBLI, DHARWAD DISTRICT-580020.
2. MEHABOOB SAB BALIGER, AGED ABOUT 41 YEARS S/O EHEMAM SAB, R/O KARADI ONI KITTUR CHAUL, HUBLI, DHARWAD DISTRICT -580020.
3. SRI RAMA GENERAL INSURANCE CO. LTD., DHARWAD, REP. BY ITS MANAGER – 580001.
... RESPONDENTS (BY SRI. H N KESHAVA PRASHANTH, ADVOCATE FOR R3, NOTICE TO R1 AND R2 IS DISPENSED WITH) ***** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2012 PASSED IN MVC NO.940/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MACT, KUNDAPURA. PARTLY ALLOWING THE CLIAM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. BEING REFERRED TO LOK ADALATH, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT MADE THE FOLLOWING.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – Insurance Company 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.4,00,000/- (Rupees Four Lakhs 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. Out of the enhanced compensation, Rs.1,00,000/-(Rupees One Lakh Only) shall be deposited in the name of the appellant Nos.1 and 4 equally in any nationalized bank of their choice for a period of three years with liberty to withdraw the interest periodically and the balance amount of Rs.3,00,000/-
(Rupees Three Lakhs Only) shall be released in favour of the appellant Nos.1 and 4 equally.
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 Rbv Sd/- MEMBER