HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.2922/2012(MV) (LOK ADALATH NO.4957/2017) BETWEEN:
1. SMT NEELAMMA W/O LATE GOPALAIAH @ GOPALA, AGED 41 YEARS, 2. SRI PRASANNA KUMAR S/O LATE GOPALAIAH @ GOPALA AGED 25 YEARS, BOTH ARE R/A BANNGERI, BYRAMANGALA POST, BIDADI HOBLI, RAMNAGAR TALUK AND DISTRICT (BY SRI M BABU, ADVOCATE) AND 1. THE MANAGING DIRECTOR M/S SHASHI DISTELLERIES PVT. LTD., ... APPELLANTS NO.501/A/4, 9TH MILE STONE, BANNERGHATTA, BANGALORE-560176 2. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO LTD NO.44, CHAMUNDESWARI COMPLEX, NEXT TO KAMAKYA THEATRE, OPP TO 13TH BMTC BUS DEPOT, BANGALORE-560085 ... RESPONDENTS (BY SRI M NARAYANAPPA, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.11.2011 PASSED IN MVC NO.7692/2010 ON THE FILE OF XVIII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the Insurance Company 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 lumpsum of Rs.3,95,000/- (Rupees Three Lakhs Ninety Five Thousand 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. Out of the enhanced compensation, Rs.1,00,000/- shall be deposited in the name of the appellant No.1 – Smt Neelamma in any Nationalised Bank for a period of five years. The balance amount of Rs.2,95,000/- with respect to apportionment, deposit and release shall be in terms of the award of the Tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-