HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B VEERAPPA & SRI M N UMASHANKAR, MEMBER M.F.A.No.3708/2018 (MV) (Lok Adalat No.3851/2019) 1. MARANNA @ MARAIAH 39 YEARS S/O YELLAPPA.
2. DURGESH S/O MARANNA @ MARAIAH 11 YEARS STUDENT, MINOR REP. BY N/G FATHER 1ST APPELLANT BOTH ARE RESIDENTS OF KODIHALLI VILLAGE THALAK HOBLI, CHALLAKERE TALUK CHITRADURGA DIST-585201.
... APPELLANTS (BY SRI. PATEL D KAREGOWDA., ADV.) AND:
1. VENKATARAMAIAH MAJOR S/O CHINNAPPA NO.19, GROUND FLOOR, 5TH MAIN, GNANAJYOTHINAGARA RING ROAD, B/H SVK KALYANA MANTAPAM BENGALURU-560 056.
2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE – 577 002. BY ITS MANAGER ... RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADV. FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.11.2017 PASSED IN MVC NO.283/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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 second 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.4,40,000/- (Rupees Four Lakh Forty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 MBM