HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.6680/2014 (MV) (LOK ADALATH NO.1811/2018 C/W MISCELLANEOUS FIRST APPEAL NO.2383/2014 (MV) (LOK ADALATH NO.1812/2018) IN M.F.A NO.6680/2014: BETWEEN:
1. SMT.JYOTHI UDUPA, W/O K. VASUDEVA UDUPA, AGED ABOUT 43 YEARS.
2. RAMPRASHANTH K @ PRASHANTH, S/O K. VASUDEVA UDUPA, AGED ABOUT 26 YEARS.
3. KUMARI MANASA DEVI @ MANASA, D/O K. VASUDEVA UDUPA, AGED ABOUT 24 YEARS.
4. SMT. LAXMI AMMA, W/O LATE K. RAMA UDUPA, AGED ABOUT 83 YEARS.
ALL ARE RESIDING AT D NO. 2/102/1, MALLAKKODI, KONDEMULA, KATEEL, MANGALORE, D.K.
PIN-574148. ... APPELLANTS (BY SRI RAVISHANKAR SHASTRY G, ADVOCATE) AND:
1. AVIL MENEZES, S/O GREGORY MEMEZES, AGED ABOUT 43 YEARS, R/AT MAHALTHOTA HOUSE, LORRETTO PADAVU POST, B.C. ROAD, BANTWAL, D.K. PIN-574219.
2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BEAUTY PLAZA, NEAR ROOPA HOTEL, BALMATTA, MANGALORE, D.K.
PIN-575001. ... RESPONDENTS (BY SRI A M VENKATESH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2013 PASSED IN M.V.C. NO.1342/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, MACT MANGALORE, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.NO.2383/2014:
BETWEEN:
M/S.ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, BEAUTY PLAZA, NEAR ROOPA HOTEL, BALMATTA, MANGALORE, NOW REP. BY ITS REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU – 560025, REP. BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI A.M.VENKATESH, ADVOCATE) AND:
1. SMT.JYOTHI UDUPA, W/O LATE K. VASUDEVA UDUPA, AGED ABOUT 44 YEARS.
2. RAMPRASHANTH K @ PRASHANTH, S/O LATE K. VASUDEVA UDUPA, AGED ABOUT 26 YEARS.
3. KUMARI MANASA DEVI @ MANASA, D/O LATE K. VASUDEVA UDUPA, AGED ABOUT 24 YEARS.
4. SMT. LAKSHMI AMMA, W/O LATE K. RAMA UDUPA, AGED ABOUT 83 YEARS.
ALL ARE RESIDING AT D NO. 2/102/1, MALLAKKODI, KONDEMULA, KATEEL, MANGALORE-575001.
5. AVIL MENEZES, S/O.GREGORY MENEZES, AGED ABOUT 43 YEARS, R/AT MAHALTHOTA HOUSE, LORETTO PADAVU POST, B.C.ROAD, BANTWAL – 574211. …RESPONDENTS (BY SRI RAVISHANKAR SHASTRY G, ADVOCATE FOR R1 TO 4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2013 PASSED IN M.V.C. NO.1342/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, MANGALORE, D.K, AWARDING COMPENSATION OF RS.23,43,280/- WITH INTREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the Appellants-claimants and the learned counsel for the respondent-Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay and the appellants-claimants have agreed to receive a lump-sum of Rs.1,00,000/- (Rupees One 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. The amount, if any, deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
4. The entire enhanced compensation amount shall be released as per the ratio adopted by the claims Tribunal in favour of the appellants-claimants, on proper identification.
5. Miscellaneous First Appeal No.6680/2014 filed by the Appellants-Claimants stands disposed of in terms of the Joint memo. The judgment and award of the Tribunal shall stands modified accordingly.
In view of the settlement arrived at between the parties in MFA No.6680/2014, connected case in MFA No.2383/2014 filed by the Insurance Company is also disposed of. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER BSR