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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.4558/2017 (MV) (Lok Adalat No.714/2019) BETWEEN 1. MARIYAPPA @ KAPU MARIYAPPA S/O KAPU MARIYAPPA AGED ABOUT 52 YEARS 2. SMT LAKSHMAMMA W/O MARIYAPPA @ KAPU MARIYAPPA AGED ABOUT 42 YEARS BOTH ARE RESIDING AT BYREPALLI – MANDALA HALLI GUDIBANDE, ANANTHAPUR DISTRICT NOW RESIDING AT BALAJINAGAR SIRA TOWN TUMAKURU DISTRICT – 572 214 ... APPELLANTS (BY SRI SHANTHARAJ K., ADVOCATE) AND 1. P.INDRANI W/O PALANICHAMI AGED ABOUT 37 YEARS R/AT NO.2/110, NATHAKATTAM KADU, RAYALUR STREET CHINNAGOUNDAR POST SANKARI TALUK SALEM DISTRICT – 637 301 2. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE SANKARAGIRI SALEM SERVICE ADDRESS:
NATIONAL INSURANCE CO. LTD., BY ITS MANAGER KASTURI MANSION M.G.ROAD BEHIND KRISHNA TALKIES ABOVE CORPORATION BANK TUMAKURU – 572 101 ... RESPONDENTS (BY SMT MANJULA N.TEJASWI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.02.2017 PASSED IN MVC NO.1006/2015 ON THE FILE OF SENIOR CIVIL JUDGE & ADDITIONAL MACT, SIRA, 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 – National 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.6,25,000/- (Rupees Six Lakhs Twenty Five 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 of the enhanced compensation amount shall be made as per the judgment and award passed by the Claims Tribunal. Out of the apportioned share amount of appellants, 75% shall be released in favour of the appellants – claimants, on proper identification and remaining 25% shall be kept in fixed deposit in any Nationalised or Scheduled Bank for a period of three years in the name of the appellants with a liberty to draw the accrued interest periodically.
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 KLV Sd/- MEMBER