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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.7500/2014 (MV) (Lok Adalat No.698/2019) BETWEEN 1. K.C.MANJUNATH S/O.CHELUVAIAH AGED ABOUT 49 YEARS OCC: AGRICULTURIST 2. SMT. M.R.HOOVAMMA W/O.K.C.MANJUNATH AGED ABOUT 45 YEARS HOUSE WIFE BOTH ARE R/AT KALLAKKI BALUR VILLAGE AND POST MUDIGERE TALUK CHICKMAGALUR DISTRICT-577 101 ... APPELLANTS (BY SRI VINOD GOWDA, ADVOCATE) AND 1. SURESH S/O.MANJUNATHA GOWDA AGED ABOUT 49 YEARS R/AT DARADAHALLI VILLAGE MUDIGERE TALUK CHIKMAGALUR DISTRICT-577 101 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., YASHORAM CHAMBERS R.G.ROAD, CHIKMAGALUR-577 101 ... RESPONDENTS (BY SMT.MANJULA N. TEJASWI, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.08.2014 PASSED IN MVC NO.287/2012, ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIKMAGALUR.
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 – National 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 global compensation of Rs.8,70,000/-
(Rupees Eight Lakhs Seventy 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 apportioned by the Claims 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 KLV Sd/- MEMBER