HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.5621/2010(MV) (LOK ADALATH NO.4529/2017) BETWEEN:
1. SMT KAMALAMMA W/O LATE V. NAGI REDDY, AGED 63 YEARS, 2. N. CHANDRASHEKAR, S/O LATE V. NAGI REDDY, AGED 36 YEARS, BOTH ARE R/AT ADIGONDANAHALLI, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT.
(BY SRI A SREENIVASAIAH, ADVOCATE) AND 1. N KESHAVA REDDY S/O M. NARAYANA REDDY, ADIGONDANAHALLI, MUTHANALLU P.O., BANGALORE-560099.
... APPELLANTS 2. THE ORIENTAL INSURANCE CO. LTD., DAB-1, INDIAN MUTUAL BUILDING, 1ST FLOOR, NO.221, CUBBONPET MAIN ROAD, N.R. SQUARE, BANGALORE-560002.
... RESPONDENTS (BY SRI M SOWRI RAJU, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2010 PASSED IN MVC NO.8312/2007 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the Insurance Company 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 lumpsum of Rs.3,00,000/- (Rupees Three 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. Out of the enhanced compensation, the apportionment, deposit and release shall be made in terms of the award of the Tribunal in favour of the appellants.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-