HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.5458/2018 (Lok Adalath No.2698/2018) BETWEEN:
1. P. PARVATHAMMA W/O LATE M.S. VENKATACHALAPATHI AGED ABOUT 39 YEARS.
2. KUM. LEKHA M.V D/O LATE M.S. VENKATACHALAPATHI AGED ABOUT 12 YEARS.
3. CHI. SHAMANTH M.V S/O LATE M.S. VENKATACHALAPATHI AGED ABOUT 12 YEARS.
4. SMT. RAMAKKA W/O LATE SATHYANARAYANA AGED ABOUT 71 YEARS.
PETITIONERS 2 AND 3 ARE MINORS REPRESENTED BY NATURAL GURADIAN, MOTHER 1ST APPELLANT SMT. PARVATHAMMA ALL ARE RESIDING AT:
MEDIGESHI MEDIGESHI HOBLI MADHUGIRI TALUK. ... APPELLANTS (BY SRI. SATHISHA T., ADVOCATE) AND:
1. P.L. MANJUNATHA S/O LINGAPPA AGED ABOUT 43 YEARS R/O MEDIGESHI MADHUGIRI TALUK (OWNER OF THE MOTOR CYCLE REG NO.KA-64-E-1998) 2. M/S NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, KASTURI MANSION ABOVE CORPORATION BANK BEHIND KRISHNA TALKIS, TUMKURU.
NOW REPRESENTED BY THE REGIONAL MANAGER M/S NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE NO.144, SUBHARAM COMPLEX BENGALURU - 560 001.
... RESPONDENTS (BY SRI. B.A. RAMAKRISHNA., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.02.2018 PASSED IN MVC NO.229/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MACT- XIII, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 13.02.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellants and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.
Appellants-claimants have agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 5,00,000/- (Rupees Five Lakhs 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. Order for deposit and apportionment made by the Tribunal will also hold good for enhanced compensation.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER sp*