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.5317/2016(MV) (LOK ADALATH NO.6432/2017) BETWEEN:
1. MULLAMMA, W/O LATE HALAPPA, AGED ABOUT 56 YEARS, 2. MOHAN KUMAR S/O LATE HALAPPA, AGED ABOUT 34 YEARS, ALL ARE R/AT MASAVALLI VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT-573201.
(BY SRI GIRISH B BALADARE, ADVOCATE) AND 1. ORIENTAL INSURANCE CO. LTD., CORPORATE & REGISTERED, ORIENTAL HOUSE, ... APPELLANTS P.B.NO.703 A25:27, ASIF ROAD, NEW DELHI. REPT. BY THE MANAGER, ORIENTAL INSURANCE CO. LTD., C.NANJAPPA COMPLEX, SUBHASH SQUARE, HASSAN-573201.
H.BHANU PRAKASH SINCE DEAD BY HIS LRS, 2. H.M.SHIVANNA, S/O MALLAPPA, AGED ABOUT 62 YEARS, 3. JAGADAMBA W/O H.M.SHIVANNA, AGED ABOUT 57 YEARS, THE RESPONDENT NO.2 AND 3 ARE RESIDING AT: NO.36, HOSAGUDDA VILLAGE, KESHAVAPURA POST, CHIKKABALLAPURA TALUK, BANGALORE RURAL DISTRICT-562101.
4. VEDA W/O LATE BANUPRAKASH, AGED ABOUT 32 YEARS, R/AT: KEMPANAHALLI COLONY, KASABA HOBLI, CHIKKAMAGALUR TLAUK AND DISTRICT-577101.
... RESPONDENTS (BY SRI K SURESH, ADVOCATE FOR R1 ) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.12.2015 PASSED IN MVC NO.1567/14 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELUR, 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.2,15,000/- (Rupees Two Lakhs Fifteen 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, each of the appellants are entitled for 50% of the same. The deposit and release shall be made in terms of the award of the MACT.
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/-