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.739/2016 (LOK ADALATH NO.3641/2017) BETWEEN:
1. SMT MALATHI W/O LATE JAYA POOJARY AGED ABOUT 37 YEARS 2. THEJURAJ S/O LATE JAYA POOJARY AGED ABOUT 11 YEARS MINOR REPRESENTED BY NEXT FRIEND MOTHER SMT MALATHI 3. JAYASHREE D/O LATE JAYA POOJARY AGED ABOUT 8 YEARS MINOR REPRESENTED BY NEXT FRIEND MOTHER SMT MALATHI 4. SMT SUNANDA W/O LATE VENKAPPA POOJARY AGED ABOUT 63 YEARS ALL ARE RESIDENT OF KOLENJI KODI, DHARKAS HOUSE, KAVALAPADUR VILLAGE, VOGGA POST, BANTWAL TALUK, D.K. – 574 265.
(BY SRI. PUNDIKAI ISHWARA BHAT, ADV.) AND:
1. MR JOHN SANTHOSH D SOUZA S/O LATE XEVIOR D SOUZA AGED ABOUT 37 YEARS R/A NIRPAJE HOUSE BANNUR VILLAGE AND POST PUTTUR TALUK DK-574203 2. THE UNITED INSURANCE CO LTD BRANCH OFFICE: PRABHU BUILDING MAIN ROAD PUTTUR-574201 REPRESENTED BY ITS MANAGER 3. MR PRAKASH SUNIL BARETTO S/O LATE JOHN BARETTO AGED ABOUT 40 YEARS R/A D.NO.1-167 ALAMPURI HOUSE KELAGINA VOGGA HOUSE VOGGA POST KAVALAPADUR VILLAGE BANTWAL TALUK DK – 574 265 4. THE NATIONAL INSURANCE CO LTD BRANCH OFFICE: GANESH BUILDING B C ROAD, PUTTUR – 574 201 ... APPELLANTS REPRESENTED BY ITS MANAGER (BY SRI. JANARDHAN REDDY, ADV. FOR R2) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.7.2015 PASSED IN MVC NO.1057/2011 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MEMBER, MACT-4, D.K., MANGALURU, 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 31.08.2017, 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 claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five 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. 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.
Entire enhanced award amount shall be released.
Sd/- JUDGE Sd/- MEMBER akv