HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.10367/2012 (MV) (LOK ADALATH NO.5515/2017) BETWEEN:
1. MUDLAGIRIYAPPA S/O LATE SANNAGIRIYAPPA, AGED ABOUT 53 YEARS, 2. SHANKARAMMA W/O MUDLAGIRIYAPPA, AGED ABOUT 43 YEARS, 3. DEEPIKA D/O MUDLAGIRIYAPPA, AGED ABOUT 16 YEARS, SINCE MINOR, REP. BY APPELLANT NO.1 FATHER GUARDIAN, APPELLANTS 1 TO 3 ARE RESIDING AT SONDAENAHALLY VILLAGE, SETTYKERE HOBLI, C.N.HALLY TALUK, TUMAKUR DISTRICT – 572 214 ... APPELLANTS (BY SRI.K A CHANDRASHEKARA, ADV.) AND:
1. NATIONAL INSURANCE COMPANY LTD G.MUDDAPPA COMPLEX, 1ST FLOOR, VIVEKANANDA ROAD, TUMKUR – 572 102, REPRESENTED BY ITS BRANCH MANAGER, 2. JAYAMMA, W/O LATE K.NARASIMHAIAH, AGED 58 YEARS 3. VISHALAMMA, W/O LATE K.NARASIMHAIAH, AGED ABOUT 38 YEARS 4. N.MANJUNATH S/O LATE K.NARASIMHAIAH, AGED ABOUT 31 YEARS 5. N.LAKSHAMAENDRA, S/O LATE K.NARASIMHAIAH, AGED ABOUT 28 YEARS RESPONDENTS 2 TO 5 ARE R/AT MUSAKONDLI VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT – 572 216 ... RESPONDENTS (BY SRI.B A RAMAKRISHNA & SMT.S.K.MALATHY ADVS. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.09.2012 PASSED IN MVC NO.640/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHIKKANAYAKANA HALLY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 13.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.3,86,000/- (Rupees Three Lakhs Eighty Six Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Release and F D to be made shall be in terms of the award.
Sd/- JUDGE Sd/- MEMBER akd