HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A. No. 6878/2016 (MV) (Lok Adalat No.281/2019) C/W M.F.A. No. 7793/2018 (MV) (Lok Adalat No.280/2019) IN MFA NO. 6878/2016 BETWEEN:
National Ins. Co. Ltd., Branch Office, V.V.Road, Mandya City, Through its Regional Office, # 144, Subharam Complex, M.G.Road, Bangalore – 560 001.
Rep. by its Administrative Officer, Smt. Rekha S. Menon. ... Appellant (By Sri B.C. Seetharamarao, Advocate) AND:
1. Smt. Chandramma, aged about 44 years, W/o Sri Thammanna @ Thammanna Gowda, 2. Sri Thammanna @ Thammanna Gowda, Aged about 50 years, S/o Sri Siddegowda, Both are r/at. Hanaganahalli Village, Basaralu Hobli, Mandya Taluk – 571 428.
3. Sri Madegowda, Aged about 64 years, S/o Late Lingegowda, R/at. 777, III Cross, VV Nagara, Mandya City – 571 401, (Owner of Bus No.KA-11/A-5778) ... Respondents (By Sri M.Y. Sreenivasan, Advocate for R-1 & 2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO. 159/2014 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA, AWARDING A COMPENSATION OF RS. 14,61,500/- WITH INTEREST @ 9% P.A.
IN MFA NO. 7793/2018 BETWEEN:
1. Chandramma, W/o Thammanna @ Thammanna Gowda, Aged about 46 years, 2. Thammanna @ Thammanna Gowda, Aged about 52 years, Both are r/at. Hanaganahalli Village, Basaralu Hobli, Mandya Taluk & District – 571 408. ... Appellants (By Sri M.Y. Sreenivasan, Advocate) AND:
1. Madegowda, S/o Late Lingegowda, Aged about 66 years, R/o. 777, 3rd Cross, VV Nagara, Kallahalli, Mandya City – 571 401, 2. The Branch Manager, National Ins. Co. Ltd., V.V.Road, Mandya- 571 401. … Respondents THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.08.2016 PASSED IN MVC NO. 159/2014 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS 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 Appellant – National Insurance Co. Ltd. along with its representative and the learned Counsel for the respondent No.1 & 2– claimants are present.
2. After prolonged negotiations, the matter is settled. The Appellant – Insurance Company has agreed to pay and the Respondent No.1 & 2 – Claimants have agreed to receive a sum of Rs. 12,39,600/- (Rupees Twelve Lakhs Thirty Nine Thousand Six Hundred only) with interest @ 6% p.a. from the date of petition till the date of realization of the amount, instead of Rs. 14,61,500/- with interest at the rate of 9% p.a. 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 Appellant – 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. Less the amount already deposited. The amount if, any deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
4. The apportionment, deposit and release of the modified compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
5. Miscellaneous First Appeal No.6878/2016 filed by the appellant – Insurance Company stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA 6878/2016, connected case in MFA 7793/2018 filed by the claimants is also disposed of. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER Mkm