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 S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.1419/2016 (MV) (Lok Adalat No.2238/2019) BETWEEN:
1. SMT. JAYAMMA, W/O ERACHIKKAIAH, AGED ABOUT 51 YEARS, 2. SRI. ERACHIKKAIAH, S/O RAMAIAH, AGED ABOUT 58 YEARS, BOTH ARE RESIDING AT CHIKKONAHALLI, MANDIGERE POST, KASABA POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. ... APPELLANTS (BY SRI BOPANNA B., ADVOCATE) AND:
1. SRI.MAHALINGA K.B., S/O BYREGOWDA, NO.166, 6TH BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
(OWNER OF THE LORRY BEARING REGISTRATION NO.KA-02-D-0191) 2. THE REGIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., NO.36672, 19TH MAIN, 1ST BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
(POLICY BEARING NO.071603311 PI00325148 VAILD FROM 12/4/2014 TO 11/04/2015) ... RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R2; NOTICE TO R1 D/W V/O DTD: 03.07.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.11.2015 PASSED IN MVC NO.2690/14 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, 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 – United India 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 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 lump-sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand 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 entire enhanced compensation amount shall be released in favour of the appellants – claimants as per the ratio adopted by the Tribunal, on proper identification.
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 NR/-
Sd/- MEMBER