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.5061/2018 (MV) (Lok Adalat No.931/2019) BETWEEN:
1. GATTEPPA, S/O.LATE NINGAPPA, AGED ABOUT 56 YEARS, 2. GIRIJAMMA, W/O.GETTEPPA, AGED ABOUT 46 YEARS, BOTH ARE R/AT HOTTEPPANAHALLI, GOLLARAHATTI, CHALLAKERE TALUK, NOW R/AT NEAR FILTER HOUSE, CHITRADURGA CITY-577 501.
... APPELLANTS (BY SRI N.R.RANGE GOWDA, ADVOCATE) AND:
1. KRISHNAMURTHY M. S/O.P MUTU GOUNDER MAJOR R/AT DOOR NO.1/100A ERUMIKKANANKADU KARUVEPPAMPATTY TIRUCHENGODE NAMKAL DISTRICT-637 211 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED BRANCH OFFICE, B.D.ROAD CHITRADURGA-577 501 ... RESPONDENTS (BY SRI ASHOK N.PATIL, ADVOCATE FOR R2;
V/O DATED 26.03.2019, NOTICE TO R1 IS D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2018 PASSED IN MVC NO.1073/2017 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT-V, CHITRADURGA.
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 – New India Assurance 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.7,25,000/- (Rupees Seven Lakhs Twenty Five 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 apportionment, deposit and release of the enhanced compensation shall be made as per the judgment and award passed 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 HB/-