HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.7907/2018 (LOK ADALATH NO.202/2019) BETWEEN:
1. PREMA W/O LATE SOMASHEKARAIAH @ AYYANNA AGED ABOUT 27 YEARS 2. CHITTAMMA W/O LATE CHIKKANNA AGED ABOUT 75 YEARS 3. NANDANA D/O LATE SOMASHEKARAIAH @ AYYANNA AGED ABOUT 5 YEARS (APPLLANT NO.3 IS THE MINOR REPRESENTED BY HER MOTHER PREMA AS NATURAL GUARDIAN) ALL ARE R/A GADDIGERAHATTI VILLAGE HANDANAKERE HOBLI C.N. HALLI TALUK NOW R/A C/O SIDDABHAIRAPPA S/O RAMAIAH, THOREMAVINAHALLI VILLAGE, KASABA HOBLI TURUVEKERE TALUK TUMAKURU DIST-572 227 …APPELLANTS (BY SHRI. C. GOPALAKRISHNA MURTHY, ADVOCATE) AND:
1. H.C. RAMACHANDRA S/O T.C. CHANDRASHEKAR AGED ABOUT 43 YEARS R/A HALEPALYA VILLAGE & POST TIPTUR TALUK TUMAKURU DISTRICT-572 201 (R.C. OWENR OF THE VEHICLE HERO HONDA M/B BEARING REG.NO.
KA-06-R-3345) 2. THE MANAGER THE ORIENTAL INSURANCE COMPANY LTD, BRANCH OFFICE, JAYADEVA HOSTEL BUILDING, B.H. ROAD TIPTUR TOWN TUMAKURU DIST:572 201 (POLICY NO.472605/31/2012/4769 VALID FROM 03.02.2012 TO 02.02.2013) …RESPONDENTS (SRI ASHOK N PATIL, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:17.03.2018 PASSED IN M.V.C.
NO.233/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, TURUVEKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty 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 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the claims Tribunal.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER BSR