HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 5885/2014 (MV) (Lok Adalat No. 475/2017) BETWEEN 1. Rangahanumakka Aged about 34 years, W/o Late Anjinappa.
2. Ramakrishnaiah Aged about 33 years, S/o Late Anjinappa.
3. Nanjappa Aged about 31 years, S/o Late Anjinappa.
4. Mangalamma, Aged about 29 years, D/o Late Anjinappa.
5. Lakkamma, Aged about 27 years, D/o Late Anjinappa.
6. Eramma, Aged about 26 years, W/o Late Anjinappa.
All are residents of Jaganathapura, Near Aralimara, Tumkur Town – 572 101. ... APPELLANTS (By Sri. Patel D. Karegowda, Advocate) AND 1. Smt. Meena Devanandh Babar, No.10, Shriraj Society, Plot No.C-23, Sec. 14, Kalamboli, Navi Mumbai – 410 218.
2. Shri. Rajendra Shrimanth Bagal Sunshine, CHS, E-902/2/2, Sector-6, Kalamboli, Navi Mumbai – 410 218, Maharashtra State.
3. The Manager, Royal Sundaram General Insurance Co. Ltd., No.315, Arenja Corner, 8 Wing, III Floor, Sector-17, Vashi, Navi Mumbai – 499 709. ... RESPONDENTS (By Sri. O. Mahesh, Advocate for R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2013 PASSED IN MVC NO. 505/2012 ON THE FILE OF THE II ADDL. DISTRICT & SESSIONS JUDGE AND MACT-III, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the respondent – Royal Sundaram General Insurance Co. Ltd. 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. 1,95,000/- (Rupees One Lakh Ninety Five 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. In view of the fact that, the 3rd appellant/claimant Sri. Nanjappa is physically handicapped and taking into consideration that he is medically unfit, out of the enhanced compensation amount of Rs.1,95,000/-, a sum of Rs.95,000/- shall be released in favour of the 3rd appellant on proper identification and remaining compensation of Rs.1,00,000/- shall be released in favour of other appellants/claimants in equal proportion i.e. Rs.20,000/- each, 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 Rbv Sd/- MEMBER