HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 273/2017 (MV) (Lok Adalat No. 4007/2017) BETWEEN 1. Mohini W/o Late Muralidhara Bhandary, Aged about 56 years, 2. Ajay s/o Late Muralidhara Bhandary, Aged about 30 years, 3. Vijaykumar S/o Late Muralidhara Bhandary, Aged about 29 years, 4. Akshaya d/o Late Muralidhara Bhandary, Aged about 25 years.
All are residing at C/o Rama Store, 1st Floor, Nekkila Derebail, Konchady, Mangaluru Taluk, D.K. – 575 008. ... Appellants (By Sri Jeevan K., Advocate) AND 1. Prashanth Mayya S/o Krishnamurthy Mayya, Aged about 36 years, R/o Mayya Canteen, Near Vadeyar Hobali School, Kundapura Town, Udupi District – 576 201.
2. The Branch Manager, The United India Ins. Co. Ltd., Sree Laxmi Narasimha Complex, Opp: K.S.R.T.C. Depot, N.H.-66, Vadeyar Hobali School, Kundapura Town, Udupi District – 576 201. ... Respondents (By Sri Ravish Benni, Advocate for R.2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.06.2016 PASSED IN MVC NO. 874/2014 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND MACT MANGALORE, 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 claimants-appellants and the learned Counsel for the respondent – United 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. 80,000/- (Rupees Eighty 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. The apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The entire compensation payable to appellants shall be released 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 Mkm/Rbv Sd/- MEMBER