HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.7914/2016 (MV) (Lok Adalat No.2298/2019) BETWEEN:
1. MANJULA H.
W/O. LATE B.N.MARIHONNEGOWDA AGED ABOUT 46 YEARS 2. SHWETHA H.
D/O. LATE B.N.MARIHONNEGOWDA AGED ABOUT 27 YEARS 3. SUSHMA D/O. LATE B.N.MARIHONNEGOWDA AGED ABOUT 25 YEARS 4. POORNIMA H.
D/O. LATE B.N.MARIHONNEGOWDA AGED ABOUT 24 YEARS 5. ABHISHEK H.
S/O. LATE B.N.MARIHONNEGOWDA AGED ABOUT 20 YEARS ALL APPELLANTS ARE R/AT BAGURU VILLAGE & HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 201 ... APPELLANTS (BY SRI GIRISH B.BALADARE, ADVOCATE) AND:
1. UNITED INDIA INSURANCE CO. LTD., J.C.ROAD, SAGARA SHIMOGGA DISTRICT REPRESENTED BY:
THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., HASSAN-573 201 2. A.MOHAMMED ALI S/O. P.G.ABDULLA AGED ABOUT 58 YEARS R/AT THERU BEEDHI SHIKARIPURA TOWN SHIMOGGA DISTRICT-577 201 ... RESPONDENTS (BY SRI A.N.KRISHNASWAMY, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DTD.05.06.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2015 PASSED IN MVC NO.1276/2014 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN (SIT AT CHANNARAYAPATNA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FOR COMEPNSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent – United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.2,65,000/- (Rupees Two Lakhs Sixty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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, appellant No.1 is entitled to the share of 50% and remaining 50% shall be apportioned amongst the other appellants equally and same shall be released in favour of the appellants- claimants, 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 NR/-