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. 1688/2019 (MV) (Lok Adalat No.368/19) 1. SMT MANJULA W/O LATE MANJUNATHA AGED ABOUT 26 YEARS HOUSE HOLD WORK 2. KUM. ISHWARYA D/O LATE MANJUNATHA AGED ABOUT 9 YEARS 3. KUM. SUDEEPA S/O LATE MANJUNATHA AGED ABOUT 6 YEARS APPELLANTS NO.2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL MOTHER/GUARDIAN SMT. MANJULA W/O LATE MANJUNATHA 4. SMT. MANJAMMA W/O K. SHIVAPPA AGED ABOUT 47 YEARS 5. SRI K. SHIVAPPA FATHER OF LATE MANJUNATHA AGED ABOUT 57 YEARS ALL ARE R/O CHIKKAYEMMIGANUR VILLAGE HOLALKERE TALUK CHITRADURGA DIST:577511.
... APPELLANTS (BY SRI MANJUNATH N.D. - ADVOCATE) AND 1. SRI SIDDESHA M.R. S/O REVANAPPA .M MAJOR R/O NO. 676, OPP. LIONS CLUB VIDYANAGARA, DAVANGERE RC OWNER OF VEHICLE BEARING REG NO. KA-06/B-3168 DAVANGERE DIST:577512.
2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO., LTD., THIRUVALLI COMPLEX, P.B. ROAD NEAR ARUNA TALKIES DAVANGERE 577512.
(BY SRI K.SRIDHARA- ADV. FOR R2) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2018 PASSED IN MVC NO. 416/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., HOLALKERE, 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 Appellants-Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs.10,50,000/- (Rupees Ten 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. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the claims 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 KPS