HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.6711/2016 (Lok Adalat No.4249/2017) BETWEEN 1. SMT MALATHI W/O LATE SHASHIDHAR AGED 40 YEARS.
2. HARSHA D/O LATE SHASHIDHAR, AGED 15 YEARS, 3. RITHESH S/O LATE SHASHIDHAR, AGED 12 YEARS, APPELLANT NOS.2 & 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE APPELLANT NO.1 HEREIN ALL ARE R/AT D.NO.4-224/1, MADHUPAL QUARTERS, KONDANA, KOTEKAR VILLAGE, MANGALURU TQ.-575022 ... APPELLANTS (BY SRI. GURUPRASAD B R, ADV.,) AND 1. THE NEW INDIA ASSURANCE CO LTD LOCAL ADDRESS: DIVISIONAL OFFICE, 4TH FLOOR, FORTUNE BUILDING, OPP. ATHENA HOSPITAL, FALNIR MANGALURU-575 001 REPRESENTED BY ITS MANAGER.
2. MR.BASAVA S/O SHESHA KHARVI, ADULT, R/AT HOUSE NO.9/21 SOWPARNIKA, GANGOLI, KUNDAPURA, UDUPI DIST.-576216 ... RESPONDENTS (BY SRI. P B RAJU, ADV., FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.06.2016 PASSED IN MVC NO.688/15 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE, MEMBER, MACT-4, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company 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.3,30,000/- (Rupees Three Lakhs Thirty 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. Apportionment, deposit and release of additional compensation amount among the claimants will be in the ratio of the award of 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 Sd/- MEMBER PMR