HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 7608/2015 (MV) (Lok Adalat No. 54/2019) BETWEEN 1. Madevi, Aged about 57 years, W/o late Somayya Kuppayya Devadiga, 2. Asha, Aged about 34 years, D/o late Somayya Kuppayya Devadiga, 3. Ravi, Aged about 32 years, S/o late Somayya Kuppayya Devadiga, 4. Prashanth, Aged about 30 years, S/o late Somayya Kuppayya Devadiga, 5. Sathish, Aged about 28 years, D/o late Somayya Kuppayya Devadiga, All are residing at Alivekodi, Shirur Post & Village, Kundapura Taluk, Udupi District - 576 201. ... Appellants (By Sri. H. Pavana Chandra Shetty, Advocate) AND 1. Lingachar, Age: Major, S/o Nagendrappa Achar, R/o Ditur Village & Post, Harihara Taluk, Davanagere District - 583 127.
2. Shriram General Ins. Co. Ltd., E-8, EPIP, Sitapura Industrial Area, Sitapura, Jaipura, Rajasthan - 302 022, Rep. by its Authorized Officer. ... Respondents (By Sri. B.C. Shivanne Gowda, Advocate for R.2, Notice to R.1 d/w. v/o dated 29.01.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2015 PASSED IN MVC NO. 928/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER MACT, 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 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 - Shriram General Insurance Co. Ltd. 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 lump-sum of Rs.1,70,000/- (Rupees One Lakh Seventy 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. The apportionment of the enhanced compensation shall be made as per the ratio adopted by the claims Tribunal. However, the entire apportioned share amount of each appellants - claimants shall be released in their favour, 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 LL