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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.7854/2015 (MV) (Lok Adalat No.850/2019) BETWEEN:
1. Smt. Kasthuri Nayak, W/o Late Sadananda Nayak, Aged about 53 years, 2. Sri Ganesha Nayak, S/o Late Sadananda Nayak, Aged about 26 years, 3. Sri Pradeep Nayak, S/o Late Sadananda Nayak, Aged about 24 years All are residing at Kanyana, Hebri Village and Post, Karkala Taluk, Udupi District.
(By Sri K.Prasanna Shetty, Advocate) AND:
1. Smt.Asha.S.Shetty, W/o Satheesha Shetty, Aged about 41 years, R/at Mele Kolyar Hosamane, Hiriyadka Post-576 113, Udupi Taluk and District.
2. The United India Insurance Co. Ltd., Branch Office:P.B.No.78, Srinivasa Complex, A.S.Road, Karkala – 574 104, Udupi District, Rep. by its Branch Manager.
(By Sri O.Mahesh, Advocate for R2;
... Appellants ... Respondents V/o dated 24.04.2019 notice to R1 is dispensed with) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2015 PASSED IN MVC NO.883/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KARKALA, 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 global compensation of Rs.2,90,000/- (Rupees Two Lakh Ninety 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 per the judgment and award passed 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 SD/- MEMBER HB/-