HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.872/2018 (MV) (Lok Adalat No. 2639/2018) BETWEEN 1. Konkappa, S/o Ajjayyappa, Aged about 56 years, 2. Yallamma, W/o Konkappa Aged about 50 years, Both are R/at Maravanji Village, Yagati Hobli, Kaduru Taluk, Chikkamagaluru Dist. - 577 548. ... Appellants (By Sri. Manjunath N.D, Advocate) AND 1. Marulaiah D.C, S/o Chandraiah, Aged about 54 years, Agriculturist, R/at Kote Extension, Belaguru, Srirampura Hobli, Hosadurga Taluk, Chitradurga Dist. - 577 527.
(Owner of the vehicle bearing Reg,. No.KA-02-EL-2891) 2. The Divisional Manager, New India Insurance Co. Ltd., Divisional Office, P.B. No.62, # 289/12, 2nd Floor, A.M. Arcade, C.J. Hospital Road, Davanagere Town - 577 001. ... Respondents (By Sri. S.T. Rajashekara, Advocate for R.2; Notice to R.1 d/w. v/o dt: 19.11.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2017 PASSED IN MVC NO.458/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, HOSADURGA, 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 - New India 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.4,00,000/- (Rupees Four Lakh 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. Out of the enhanced compensation amount, Rs.1,00,000/- each shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellants-claimants for a period of three years and they are entitled to withdraw the accrued interest periodically and the remaining amount of Rs.2,00,000/- shall be released equally 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 LL