HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 658/2015 (MV) (Lok Adalat No.2450/2018) BETWEEN 1. N. Rukmini W/o. Late Lakshmana, Aged about 52 years.
2. Pooja. L D/o. Late Lakshmana, Aged about 17 years, (Since minor represented by her mother- natural guardian Rukmini) Both appellants 1 and 2 are residing at No.236-A, Kaparana Koppalu, S.R.Patna Taluk, Mandya District-571 401.
3. Mangala W/o. Late Lakshmana, Aged about 47 years.
4. Thejaswini D/o. Late Lakshmana, Aged about 16 years, (Since minor represented by her mother- natural guardian Mangala) Both appellants 3 and 4 are R/at. D/No. 319/A, near Old Tank, Dasanakoppal, Roopanagara, Mysore-570 001. ... Appellants (By Sri. V.Padmanabha Kedilaya, Advocate) AND 1. Moosabba S/o. Sadhu Beary, Aged about 35 years, R/at. D.No.14-280, Bantwal, Karnataka-574 211.
2. Ismail Beary S/o. Ibrahim Beary, R/at. No.14-280, Bantwal, Karnataka-574 211.
3. Shriram General Insurance Company Limited, Branch office, Shivaji Road, N.R.Mohalla, Mysore City-570 007. ... Respondents (By Sri. A.N.Krishna Swamy, Advocate for R.3; Notice to R.1 and R.2 is d/w. v/o. dated 20.01.2016) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2013 PASSED IN MVC NO.451/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellants - claimants and the learned Counsel for the respondent – Shriram General 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. 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. 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 as per the ratio adopted by the claims Tribunal.
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 Sd/- MEMBER KG