HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.3349/2015 (MV) (LOK ADALATH NO.603/2017) BETWEEN:
1. LAXMI R NAIK AGED ABOUT 28 YEARS W/O LATE RAMACHANDRA MASTHI NAIK 2. MASTER MANOJ AGED ABOUT 13 YEARS S/O LATE RAMACHANDRA MASTHI NAIK 3. MASTER LOHITH AGED ABOUT 11 YEARS S/O LATE RAMACHANDRA MASTHI NAIK 4. MASTER JEEVAN AGED ABOUT 9 YEARS S/O LATE RAMACHANDRA MASTHI NAIK 5. MASTAMMA AGED ABOUT 61 YEARS W/O LATE MASTHI NAIK APPELLANTS NO.2 TO 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER LAXMI R NAIK ALL ARE RESIDING AT GANDHI NAGARA KOTESHWARA VILLAGE KUNDAPURA TALUK ... APPELLANTS (BY SRI.PAVANA CHANDRA SHETTY H, ADV.) AND:
1. THE MANAGING DIRECTOR V.R.L. LOGISTICS LTD REGD. OFFICE: BENGALURU ROAD VARUR, HOBLI DHARWAD DISTRICT 2. UNITED INDIA INSURANCE CO. LTD HUBLI REPRESENTED BY ITS DIVISIONAL OFFICE JEWEL PLAZA, MARUTHI VITHIKA UDUPI REPRESENTED BY ITS DIVISIONAL MANAGER ... RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADV., FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.02.2015 PASSED IN MVC NO.800/2012 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 16.01.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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 in terms of the Judgment and Award passed by the Tribunal.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER akv