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 & SRI M.N. UMASHANKAR, MEMBER M.F.A.No. 601/2017 (MV) (Lok Adalat No. 3614/2017) BETWEEN 1. Smt. R.Rajeshwari, W/o Late Hanumantharayappa, Aged about 44 years, 2. H.Krishna S/o Late Hanumanatharayappa, Aged about 26 years.
Both are residing at Chikkajala, Bangalore North Taluk, Bangalore Urban District.
3. Smt. Gangamma W/o Late Mallaiah, Aged about 66 years, Residing at Devamachanahalli, Tavarekere Post, Bangalore South. ... Appellants (By Sri R.Lakshmana, Advocate) AND 1. Mahesh M. S/o Maniyappa, R/at No.3, Minukunte House, Bangalore – 560 157.
2. The Oriental Ins. Co. Ltd., Regional Office, Leo Shopping, Complex, Residency Road Cross, M.G.Road, Bengaluru – 560 001. ... Respondents (By Sri R.Govindarajan, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2016 PASSED IN MVC NO. 4630/2014 ON THE FILE OF PRL. MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants - appellants and the learned Counsel for the respondent – Oriental Insurance Company Limited 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 lump sum of Rs. 1,90,000/- (Rupees One Lakh Ninety 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 amount, a sum of Rs.90,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- shall be released in favour of appellant 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 Sd/- MEMBER Mkm