HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.4450/2017 (MV) (Lok Adalat No.2477/2018) 1. SMT.NALINI, W/O.LATE B.NONAYYA @ NONAYYA POOJARY, AGED 47 YEARS, 2. HARSHITHA, D/O. LATE B.NONAYYA @ NONAYYA POOJARY, AGED 24 YEARS, 3. ADARSH B., S/O. LATE NONAYYA @ NONAYYA POOJARY, AGED 22 YEARS, ALL ARE R/AT BARAMELU HOUSE, HIRE BANGADY VILLAGE AND POST, PUTTUR TALUK, PRESENTLY R/AT ‘LAXMI NIVAS’, GURU NAGAR, MANGALURU – 575 005. ...APPELLANTS (BY SRI. GURUDEVA PRASAD B.R., ADVOCATE) AND:
1 . THE BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, LOCAL OFFICE 107, CRYSTAL ARCADE, BALMATTA ROAD, MANGALURU – 575 002.
REPRESENTED BY ITS MANAGER.
2. DR.SUBRAHMANYA SHETTY, S/O.SUNDARA SHETTY, AGED 36 YEARS, R/AT SHIVA KRIPA COMPOUND, MOLAHALLI YADADY, MATHYADI VILLAGE, KUNDAPURA TALUK – 576 222. …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1; V/O DATED 03.12.2018 NOTICE TO R2 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.01.2017 PASSED IN MVC NO.1030/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent – Bajaj Allianz General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.2,20,000/- (Rupees Two Lakh Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 MBM