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.3680/2017(MV) (LOK ADALATH NO.6419/2017) BETWEEN:
1. LATHA W/O. LATE VIJAYENDRA K. N, AGED ABOUT 40 YEARS, 2. KAVYA K. V.
D/O. LATE VIJAYENDRA K.N., AGED ABOUT 21 YEARS, 3. BAVYA K. V.
D/O. LATE VIJAYENDRA K. N, AGED ABOUT 16 YEARS, MINOR, REP. BY NATURAL GUARDIAN, MOTHER, APPELLANT NO.1 LATHA, APPELLANT NO.1 TO 3 ARE RESIDING AT NO. 614, RAMAIAH BUILDING, BACKSIDE OF MILK DAIRY, CHANNASANDRA, KAADUGODI POST, BANGALORE-560 067.
NOW RESIDING AT KEBBEPURE VILLAGE, CHAMRAJNAGAR TALUK & DISTRICT.
4. K. NAGANNA S/O. LATE KEMPASHETTY, AGED ABOUT 81 YEARS, 5. SUSHEELAMMA W/O. K. NAGANNA, AGED ABOUT 67 YEARS, RESIDING AT KEBBEPURA VILLAGE, CHAMARAJANAGARA TALUK AND DISTRICT-571 441.
... APPELLANTS (BY SRI SREENIVASAN M Y, ADVOCATE) AND 1. ANEER M. A.
S/O. M.M. ABDUL KAREEM, MAJOR, R/AT NO.33/650, MADATHIPARMBLI HOUSE, VENNALA PRESIDING OFFICER, ERNAKULAM-682 028, KERALA STATE.
2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., DO-1, NO.1, THEJAS COMPLEX, CSI SAYYAJJI ROAD, PB27, MYSURU-570 011.
... RESPONDENTS (BY SRI HARINI SHIVANANDA, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.01.2017 PASSED IN MVC NO.663/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MACT, NANJANGUD, 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.4,24,000/- (Rupees Four Lakhs Twenty Four Thousand 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 deposit, release and apportionment in favour of the claimants shall be in terms of award of the Tribunal.
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/-