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 JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 7271/2018 ( MV) (Lok Adalat No.808/2019) BETWEEN 1. SMT. LALITHA. R W/O RAJESH C P AGED ABOUT 35 YEARS HOUSEHOLD 2. BHUVAN B R S/O LATE RAJESH C P AGED ABOUT 15 YEARS, 3. PREETHI B R D/O LATE RAJESH C P, AGED ABOUT 13 YEARS, APPELLANT NOS.2 & 3 ARE MINORS. HENCE, REPRESENTED BY THEIR GUARDIAN MOTHER I.E., APPELLANT NO.1, ALL ARE R/O 14TH CROSS, 1ST MAIN, VINOBHA NAGAR, DAVANAGERE-577002. (BY SRI JAGADISHA.S.G – ADV.) ... APPELLANTS AND 1. FAIROZ S/O PYARIJAN SAB AGED ABOUT 38 YEARS DRIVER OF BUS BEARING REG NO.KA-01/C-7353 R/O NO.613/1, IST CROSS IMAM NAGAR, DAVANAGERE.
2. H SHIVAPRAKASH S/O M K ANANTHRAJ MAJOR OWNER OF BUS BEARING REG NO.-KA.01/C-7353 SUGAMA TOURIST, NO.513, 8TH BLOCK, KORAMANGALA, BENGALURU-560034 3. THE MANAGER THE ORIENTAL INSURANCE COMPANY LTD., 823/7, THIRUVALLI COMPLEX, IST FLOOR, P.B.ROAD, NEAR ARUNA TALKIES, DAVANAGERE-577004 (BY SRI S.V.HEGDE MULKHAND – ADV. FOR R.3) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.10.2017 PASSED IN MVC NO.641/2015 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MEMBER, M.A.C.T.-IV, DAVANAGERE, 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 Appellants-Claimants and the learned Counsel for the Respondent–Oriental Insurance Company Limited 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 global compensation 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. 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 KPS