HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 1427/2014 (MV) (Lok Adalat No. 2280/2017) BETWEEN:
1. Smt. K.R. Lalitha W/o Late Prakash B., Aged about 23 years.
2. Kum. Likhitha P. D/o Late Prakash B., Aged about 8 years.
3. Sri. Bhaskarchar @ Bhaskar S/o Late Shivappachar, Aged about 70 years.
4. Smt. Chandramma W/o Bhaskarchar, Aged about 61 years.
5. Smt. Pankaja D/o Bhaskarchar, Aged about 33 years.
Since appellant No.2 is minor Rep by her mother & Natural Guardian Appellant No.1.
All are residing at No.4 “B”, Opp: Attilakamma Temple, Harsha Layout Road, Kengeri, Bangalore – 60. .. Appellants (By Sri. Siddalinge Gowda K.G., Advocate) AND:
1. Sri. Sudesha, Present age not known to Appellant, No.520, Ninga Building, Nayandanahalli Post, Bangalore 34.
2. Bharti AXA General Insurance Co. Ltd., Pride Quadra, No.30, 2nd Floor, Hebbal Road, Bengalore-24. .. Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 24.04.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08.11.2013 PASSED IN M.V.C. NO.554/2012 ON THE FILE OF THE XVI ADDL. JUDGE AND MACT, BANGALORE, 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 appellants and the representative of Respondent-Bharti AXA General Insurance Company Ltd., along with its counsel 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 compensation of Rs. 6,50,000/- (Rupees Six Lakhs Fifty 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv