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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.3100/2012 (MV) (Lok Adalat No.5730/2017) BETWEEN:
1. JYOTHI BAI, W/O.LATE N.PRADEEP, AGED ABOUT 22 YEARS, HOUSE WIFE, 2. LIKHITHA, D/O.LATE N.PRADEEP, AGED ABOUT 4 YEARS, 3. LAVANYA, D/O.LATE N.PRADEEP, AGED ABOUT 2 YEARS, SINCE A2 & A3 ARE MINORS, REPRESENTED BY THEIR GUARDIANT MOTHER–A1, SMT.JYOTHI BAI, W/O.LATE N.PRADEEP, 4. NAGARAJ NAIK S/O.SHYAMANAIK, AGED ABOUT 56 YEARS, ALL ARE R/O SRINIVASPURA VILLAGE, CHANNESHPURA (MANDAL) POST, CHANAGIRI (TALUK), DAVANAGERE (DISTRICT).
… APPELLANTS (BY SRI MANJUNATHA PATTANASHETTY, ADVOCATE) AND:
1. UMESH DEVADIGA @ UMESH, S/O.SANJEEVA DEVADIGA, AGED ABOUT 33 YEARS, DRIVER OF TOVERA, VEHICLE BEARING , REG.NO.KA-20/A-9407, R/AT PERDOR VILLAGE, UDUPI TQ. & DIST.
2. SATHEESH, S/O.P.K.NAYAK, (NANDYANAIKA), AGED ABOUT 34 YEARS, OWNER OF TOVERA VEHICLE, BEARING REG.NO.KA-20/A-9407, R/AT KELAPARKAL HOUSE, PARKAL POST, UDUPI DISTRICT AND KONABI HOUSE, HIREGE POST, KARKAL, UDUPI TALUK & DIST.
3. THE MANAGER, THE NEW INDIA ASSURANCE, COMPANY LIMITED, 1ST FLOOR, A.M.ARCADE, C.G.HOSPITAL ROAD, DAVANAGERE.
… RESPONDENTS (BY SRI K.SURYANARAYANA RAO, ADVOCATE FOR R3) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2011 PASSED IN MVC NO.72/2011 (OLD NO.569/2011) ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-X, CHANNAGIRI.
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 third Respondent - New India Assurance 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 third respondent-insurance company and its authorized officer is filed. The appellants-claimants has agreed to receive and the third respondent-insurance company has agreed to pay a global compensation of Rs.10,00,000/- (Rupees Ten Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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 as per the Judgment and Award passed by the Claims 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 HB/-