HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SMT. M.JYOTHI, MEMBER M.F.A.No. 7501/2014 (MV) (Lok Adalat No. 328/2017) BETWEEN 1. M.K.Swamy, S/o Late Kalashetty, Aged 64 years.
2. M.S.Gowramma, w/o. M.K.Swamy, Aged about 57 years.
3. M.S.Dhanalakshmi, W/o Late H.M.Ananda, Aged 34 years.
4. M.S.Yogesha, S/o M.K.Swamy, Aged 30 years.
All are R/o Matthigodu village, Ramanathapura Hobli, Arkalgud Taluk, Hassan District -573 201.
AND Presently R/at. Ramanathapura Town, Arkalgud Taluk, Hassan District-573 201. ... Appellants (By Sri Balaji A.M., Advocate) 1. C.D.Bharath S/o Devarajegowda, Aged about 30 years, 2nd Cross, Vivekanagara, Channarayapatna Town, HassanDistrict-573 201. (Owner of Mahendra Bolero Bearng Reg.No.KA-32-Z-5555) 2. The Manager, United India Insurance Co. Ltd., Gandhi Bazar, Hassan-573 201.
(Policy No.071482/31/10/02/00001182 Valid from 27.11.2010 to 26.11.2011) ... Respondents (By Sri A.Ravishankar, Advocate for R-2 Notice to R-1 – d/w v.c.o. dated 12.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2012 PASSED IN MVC NO. 63/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the respondent – United India 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. 4,00,000/- (Rupees Four 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 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 Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Mkm Sd/- MEMBER