HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER BETWEEN M.F.A.No. 3059/2014 (MV) (Lok Adalat No. 1384/18) 1. ANITHA .D 42 YEARS W/O LATE K. DHARMAPPA 2. SHRUTHI .H.D 25 YEARS D/O LATE DHARMAPPA 3. RAHUL .H.D.
23 YEARS S/O LATE DHARMAPPA ALL ARE R/AT NO.169, 4TH CROSS SOMASUNDARA PALYA AGARA POST BOMMANAHALLI BENGALURU (BY SRI. R. CHANDRASHEKHAR - ADVOCATE) ... APPELLANTS AND 1. M.M. RAVINDRA KUMAR MAJOR S/O MITTALAL R/AT NO.15/1 PANCHARATNA RACE VIEW APARTMENTS 6TH CROSS, GANDHI NAGAR BENGALURU – 560 009.
2. THE ORIENTAL INSURANCE CO. LTD., D.O-8, NO.22, V.C. PLAZA, D.V.G ROAD BASAVANAGUDI, BENGALURU – 560 004 REP. BY ITS MANAGER.
... RESPONDENTS (BY SRI O.MAHESH– ADV., FOR R-2;
NOTICE TO R-1 IS D/W V/O DT:07.04.2017) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2013 PASSED IN MVC NO. 7611/2009 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, BENGALURU 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–Oriental Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant–Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs.5,50,000/- (Rupees Five Lakh Fifty 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 amount, Rs.2,50,000/- is to be allotted to the appellant No.1 and Rs.1,50,000/- each shall be allotted to the share of appellant Nos.2 and 3. Out of the share amount of each appellants, 50% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in their names for a period of three years with a liberty to draw the periodical interest. Remaining 50% of each appellants 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 KPS