HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. BOPANNA, MEMBER M.F.A.No. 7584/2017 (MV) (Lok Adalat No. 4107/2017) BETWEEN 1. Smt. Jayamma W/o late Thimma Shetty, Aged about 58 years.
2. Smt. Narasamma W/o Late Thimma Shetty, Aged about 56 years.
3. Manjula D/o Late Thimma Shetty, Aged about 33 years.
All are residing at Doddasulakere (Katakanapalya), Lakshmipura Post, Kootagal Hobli, Ramanagara Taluk-562 159. ... APPELLANTS (By Sri. Shantharaj K., Advocate) AND 1. Sri. Akram Pasha S/o Peer Sab, Age: Major, R/at Gollaradoddi, Lakshmipura Post, Kootagal Hobli, Ramanagara Taluk – 562 159.
2. The Oriental Insurance Co. Ltd., Represented by its Manager, Shilpa Complex, B.M. Road, Ijoor, Ramanagara Town-562 159. ... RESPONDENTS (By Sri. R. Govindarajan, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 16.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.07.2017 PASSED IN MVC NO. 431/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND MACT, RAMANAGARAM, 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 Co. Ltd. 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. 1,20,000/- (Rupees One Lakh 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. Out of the enhanced compensation amount, the appellant Nos.1 and 3 are entitled for compensation of Rs.1,00,000/- and Rs.20,000/- respectively and the entire shares of appellant Nos.1 and 3 shall be released in their favour, 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 Rbv Sd/- MEMBER