HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.4951/2017 (Lok Adalath No.2588/2018) BETWEEN:
1. SMT. MOOKAMBU SHEDTHI W/O LATE SEETHARAMA SHETTY AGED ABOUT 44 YEARS.
2. SRI. NAGARAJ SHETTY S/O LATE SEETHARAMA SHETTY AGED ABOUT 23 YEARS.
3. SMT. JYOTHI D/O LATE SEETHARAMA SHETTY AGED ABOUT 21 YEARS.
ALL ARE RESIDING AT VAKKERY GARADI MANE BADAKERI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT – 576 201.
... APPELLANTS (BY SRI. NAGARAJA HEGDE., ADVOCATE) AND:
1. SRI. UMESH KOTEKAR S/O KRISHNA KOTEKAR AGE MAJOR R/O MAGINA MANE KAWDOOR, BAILOOR POST KARKALA TALUK – 574 104.
2. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE SRI. SAI COMPLEX Y.M. SHETTY ROAD KUNDAPURA TALUK UDUPI DISTRICT – 576 201 REP. BY ITS BRANCH MANAGER ... RESPONDENTS (BY SMT. GEETA RAJ., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2017 PASSED IN MVC NO.916/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMMBER ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 04.12.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for appellants and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellants-claimants have agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `6,00,000/- (Rupees Six 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. Enhanced compensation awarded is apportioned in the ratio of 60:20:20. Out of enhanced compensation, 50% of the award amount shall be kept in a fixed deposit in any Nationalised Bank/Scheduled Bank of appellants’ choice for a period of five (5) years and appellants are entitled to draw periodical interest. Balance amount shall be released in favour of appellants on proper identification.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR