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. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 7575/2015 (MV) (Lok Adalat No. 468/2019) BETWEEN 1. SMT K.R. SHOBHA @ REETA AGED ABOUT 33 YEARS, W/O LATE SUNANDA RAJ, 2. SUHAN AGED ABOUT 14 YEARS, S/O LATE SUNANDA RAJ , 3. SATHYA SADHANA AGED ABOUT 9 YEARS, D/O LATE SUNANDA RAJ , APPELLANT NOs. 2 & 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO.1 SMT K R SHOBHA @ REETA, APPELLANT NOs. 1 TO 3 ARE R/AT KALIYUR VILLAGE, TALAKADU HOBLI, T NARASIPURA TALUK MYSORE DISTRICT-571122 (BY SRI.P. NATARAJU, ADV.) AND 1. SMT USHA SUBRAMANYA AGED ABOUT 51 YEARS, W/O M V SUBRAHMANYA R/O PETE MALAVALLI, MALAVALLI TALUK MANDYA DISTRICT-571430 2. THE BRANCH MANAGER RELIANCE GENERAL INSRURANCE CO LTD ., FIRST FLOOR, MYSORE TRADE CENTRE, OPP :TO KSRTC BUS STAND, MYSORE-570001 3. SUNDAR RAJ AGED ABOUT 66 YEARS, S/O BYLAR NINGAIAH, 4. JAYAMERI AGED ABOUT 56 YEARS, W/O SUNDAR RAJ RESPONDENT NOs. 3 & 4 ARE R/AT MULLUR VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT-571440 5. THOUSIF @ THAUFIK AGED ABOUT 30 YEARS, S/O NANEB SAHEBA, R/AT PETE BEEDHI, MALAVALLI TOWN AND TALUK, MANDYA DISTRICT-571430 ... APPELLANTS ... RESPONDENTS (BY SRI. B R SUNDARARAJA GUPTA, ADV. FOR R1 ; SRI. PRADEEP FOR R2.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.3.2013 PASSED IN MVC NO.34/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, T.NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 claimants-appellants and the learned Counsel for the Respondent – Reliance General Insurance Co. Ltd., along with its representative 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 of Rs. 2,00,000/- (Rupees Two 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.
4. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted 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 BVK