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.271/2019 (MV) (Lok Adalat No.2406/2019) BETWEEN:
1. JYOTHI W/O LATE NAGARAJU AGED ABOUT 45 YEARS 2. YOGESH N S/O LATE NAGARAJU AGED ABOUT 28 YEARS BOTH ARE R/O NO.255 GANDINAGARA CHANDAGALU VILLAGE KASABA HOBLI S R PATNA TALUK MANDYA DISTRICT-571 438 ... APPELLANTS (BY SRI. SREENIVASAN M Y, ADVOCATE) AND 1. AVINASH R N S/O NAGENDRA MAJOR R/O NO.85, RAMPURA VILLAGE, K SHETTAHALLI HOBLI SRIRANGAPATNA TQ MANDYA DISTRICT-571438 2. THE MANAGER UNITED INDIA INSURANCE CO LTD., SRI VENKATESHWARA PLAZA, NO.2912 1ST STAGE, SARASWATHIPURAM MYSORE-570005 ... RESPONDENTS (BY SRI. K KRISHNA KISHORE FOR R2; NOTICE TO R1 D/W V/O DTD 07.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21/08/2018, PASSED IN MVC NO.908/2017, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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.3,50,000/- (Rupees Three Lakhs Fifty 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 apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal. Out of the apportioned share amount of the appellants, 25% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of the appellants-claimants for a period of three years and they are entitled to withdraw the accrued interest periodically and the remaining 75% 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 Sd/- MEMBER NR/-