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.3607/2016 (MV) (Lok Adalat No.2124/2019) BETWEEN:
1. M.K. PRABHAKAR, AGED ABOUT 56 YEARS.
2. SMT. SULOCHANA, W/O M.K. PRABHAKAR, AGED ABOUT 51 YEARS.
BOTH ARE R/AT: CHIKKATHUR VILLAGE, KOODAMANGALORE POST, KUSHALANAGAR TALUK, COORG DISTRICT, PRESENTLY R/AT C/O SURESH KUMAR S.N, S/O NARASIMHA MURTHY, NO.4585, NEELAKANTHANAGARA, NANJANAGUDU TOWN – 571 312.
... APPELLANTS (BY SRI. KRISHNAMOORTHY.D, ADVOCATE) AND:
1. VISHAKANTA, S/O KARIBEEREGOWDA, AGED ABOUT 41 YEARS, R/AT KONGARAMANAJANAHUNDI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK-570 008.
2. THE NEW INDIA ASS. CO. LTD., REGISTERED HEAD OFFICE, NEW INDIA ASSURANCE BUILDING, NO.87, M.G.ROAD, FORT MUMBAI-40001, REPRESENTED BY ITS MANAGER, THE NEW INDIA ASSURANCE CO. LTD., (BO-5) (671005), 3RD CROSS, R.P.ROAD, EXTENSION, NANJANAGUD TOWN, MYSORE DISTRICT-571 312.
... RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2016 PASSED IN MVC NO.52/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND MACT, MANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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.3,00,000/- (Rupees Three Lakh 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. Out of the enhanced compensation amount, Rs.1,50,000/- each shall be released in favour of the appellants – claimants, 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 HB/-