HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.1016/2018 (MV) (Lok Adalat No.2032/2019) BETWEEN:
1. NEELAMMA W/O.LATE SADASHIVAIAH AGED ABOUT 57 YEARS R/AT G.HOSAHALLI GUBBI TALUK 2. SIDDAGANGAMMA W/O.VIRUPAKSHAIAH T.S. AGED ABOUT 35 YEARS R/AT ECHALAKUNTE VILLAGE BELLAVI HOBLI,TUMAKURU TALUK TUMAKURU DISTRICT ... APPELLANTS (BY SRI SATHISHA T., ADVOCATE) AND:
1. RANGANATHA T. S/O.THIMMAIAH AGED ABOUT 42 YEARS R/AT MADURANAGARA SIRA TALUK TUMKUR DISTRICT-572 101 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE 1ST FLOOR, JAYADEVA COMPLEX B.H.ROAD, TUMKUR CITY THE REGIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED KRISHI BHAVAN BUILDING 6TH FLOOR, HUDSON CIRCLE BANGALORE-560 001 ... RESPONDENTS (BY SRI V.P.VENKATAPATHI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O DTD:27.06.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.10.2017 PASSED IN MVC NO.1373/2016 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT 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 second Respondent – United India 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 entire enhanced compensation amount shall be released in favour of the appellants – claimants as per the ratio adopted by the Claims Tribunal, on proper identification.
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 NR/-
Sd/- MEMBER