HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No. 1796/2017 (MV) (Lok Adalat No. 4051/2017) BETWEEN 1. Hanumanthaiah Aged about 26 years, S/o Late Hanumadas alias Hotte, 2. Dasaiah, Aged about 73 years, S/o Late Honnaiah, 3. Smt. Jayamma, Aged about 63 years, W/o Dasaiah, Appellant No.1 to 3 are residing at Bachahalli Village, Virupakshipura Hobli, Channapatna Taluk, Ramanagar District – 571 511. ... Appellants (By Sri Vivekananda T.P., Advocate) AND 1. Malli Kumar S/o Peda, R/at Chenchaiah Chigurupadu, Agraharam, Naidupeta, Nellor District – 524 001.
2. The Oriental Ins. Co. Ltd., No.1, Shankar House, 3rd Stage, RMV Extension, Mekhri Circle, Bangalore – 560 080. ... Respondents (By Sri H.S.Lingaraj, Advocate for R-2, R-1 Sd, but unrepresented] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2015 PASSED IN MVC NO. 577/2014 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, ADDL. MACT, CHANNAPATTANA, 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 – Oriental Insurance Company Limited 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. 1,65,000/- (Rupees One Lakh Sixty Five 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. The apportionment of the appellants shall be made in terms of the Judgment and Award passed by the Tribunal. The remaining entire shares of the 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 Mkm