HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 11835/2011 (MV) (Lok Adalat No. 4393/2017) BETWEEN:
1. Smt. Rajamma W/o Late Shivanna, Hindu, Now aged about 41 years.
2. Nagarathnamma D/o Late Shivanna, Hindu, Now aged about 24 years.
3. Veeranna S/o Late Shivanna, Hindu, Now aged about 22 years.
4. Gangalakshmamma D/o Late Shivanna, Hindu, Now aged about 20 years.
5. Devaraju S/o Late Shivanna, Hindu, Now aged about 18 years and Attained majority.
6. Smt. Ningamma W/o Late Rudraiah, Hindu, Now aged about 65 years.
Appellants 1 to 6 are permanent r/o Devarahosahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. .. Appellants (By Sri. T.C. Sathish Kumar, Advocate) AND:
1. Balasaheb Vasantharao Ekbote, Father name not known, Hindu, Major, R/at No.341, N-6, CIDCO, Aurangabad – 431 003, Maharastra State.
2. The Branch Manager, New India Assurance Company Ltd., Divisional Office, DO-1, (160400), Ajay Engineering Works Compound, Adalat Road, Aurangabad-431 003, Maharashtra State. .. Respondents (By Sri. R. Jaiprakash, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 09.06.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.02.2011 PASSED IN M.V.C. NO.2799/2010 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, 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 appellants and the representative of Respondent-New India Assurance Company Ltd., along with its counsel 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 global compensation of Rs. 2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) (after deducting 25% of contributory negligence), 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv