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.10947/2010(MV) (LOK ADALATH NO.4642/2017) BETWEEN:
1. SMT. R. SHANTHAMMA, W/O.LATE RANGANATH @ RANGAPPA, AGED ABOUT 41 YEARS, 2. KUMARI SWETHA D/O.RANGANTH, AGED ABOUT 20 YEARS, BOTH ARE RESIDING AT CHAKANAHALLY KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT.
(BY SRI B. N. MURALIDHAR, ADVOCATE) ... APPELLANTS AND 1. SRI V. VEERAREDDY, S/O.CHENCHIREDDY, SHOP NO.24, VENKATARAMANA LORRY OFFICE, BHAVANIPURAM, VIJAYAWADA, R/AT.NO.41, 20/8-51, KRISHNALANKA, VIJAYAWADA (A.P).
2. THE ORIENTAL INSURANCE COMPANY LTD. MUSEUM ROAD, GOVERNPET, VIJAYAWADA-2 (A.P).
... RESPONDENTS (BY SRI R. OMKUMAR, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.12.2009 PASSED IN MVC NO.199/1997 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE(SR.DN) AND ADDITIONAL MACT, KOLAR, ITINERATING AT MALUR, 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.3,50,000/- (Rupees Three 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 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, Rs.1,00,000/- (Rupees One Lakh only) shall be deposited in the name of appellant-1 in any Nationalised Bank for a period of five years with liberty to withdraw the periodical interest as and when it accrues. The balance amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) shall be released in favour of the appellants in terms of the apportionment made by the Tribunal.
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/-