HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 1106/2011 (MV) (Lok Adalat No. 4388/2017) BETWEEN:
1. Smt. Meenakshi Aged about 41 years, W/o Late Koragappa Gowda, 2. Sri Naveen, Aged about 23 years, S/o Late Koragappa Gowda, 3. Sanjeeva alias Praveen, Aged about 16 years, S/o Late Koragappa Gowda, 4. Leelavathi alias Namitha, Aged about 13 years, D/o Late Koragappa Gowda, [Appellant No.3 and 4 being minors Represented by their natural Guardian/mother] All are residing at Naithota Darkasthu House, AND:
Hirebandady Village, Puttur Taluk, D.K., ... Appellants (By Sri Dharmashree Associates, Advocates) 1. Sri M. Abubaker, Aged about 35 years, S/o M. Puthumonu, R/o Uppinangady Kasba Village, Puttur, D.K. District.
2. V.P. Aboobakar, Aged: Major, S/o Haji Beary, R/o Pallathadka House, Valalu Post, Bajathur Village, Puttur Taluk, D.K. District.
3. The Oriental Insurance Co. Ltd., Branch Office:
Krishna Prasad Building, Main Road, Puttur, D.K. District. .. Respondents (By Sri S.Y.Shivalli, Advocate for R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 15.10.2010 PASSED IN M.V.C. NO.1670/2005 ON THE FILE OF THE MEMBER - MACT, PUTTUR, D.K., 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 appellants and the representative of Respondent – Oriental Insurance Company Limited, along with its counsel 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 compensation of Rs. 3,00,000/- (Rupees Three Lakhs 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.
Mkm Sd/- JUDGE Sd/- MEMBER