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.1491/2019 (MV) (Lok Adalat No.477/2019) BETWEEN 1. Smt. Mastamma, W/o Nagappa S. Naik, Aged about 49 years, 2. Kumari Parvathi, D/o Nagappa S. Naik, Aged about 29 years, 3. Bhupathi, S/o Nagappa S. Naik, Aged about 26 years, 4. Kumara, D/o Nagappa S. Naik, Aged about 24 years, All are R/at Alivegadde, Shirur Village, Kundapura Taluk, Udupi District - 576 228. ... Appellants (By Sri. Vijaya Krishna Bhat M, Advocate) AND 1. Mr. Iqbal Hussain, S/o Abdul Rehman, Major, R/at Kaul Peth, Kumbara Oni, P.B. Road, Hubballi.
2. The Oriental Insurance Co. Ltd., Kundapura Branch, Near Mastikatte, Masti Tower, Kundapura - 576 201.
Rep. by its Divisional Manager …Respondents (By Sri. C.R. Ravishankar, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO.155/2015 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE & ADDL. MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA 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.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 released in favour of all 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 LL