HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.11606/2012(MV) (LOK ADALATH NO.4938/2016) BETWEEN:
1. RAMAKKA W/O LATE MUNIYAPPA AGED ABOUT 53 YEARS 2. MALLIKAMMA D/O LATE MUNIYAPPA AGED ABOUT 38 YEARS 3. M. SUJATHA D/O LATE MUNIYAPPA AGED ABOUT 36 YEARS 4. M. MUNIKRISHNA S/O LATE MUNIYAPPA AGED ABOUT 33 YEARS 5. M. BHARATHI D/O LATE MUNIYAPPA AGED ABOUT 32 YEARS 6. M. MUNIRAJU S/O LATE MUNIYAPPA AGED ABOUT 29 YEARS 7. M.MURALI S/O LATE MUNIYAPPA AGED ABOUT 29 YEARS 8. M.MEENA D/O LATE MUNIYAPPA AGED ABOUT 23 YEARS 9. M.MAMATHA, D/O LATE MUNIYAPPA AGED ABOUT 22 YEARS ALL ARE RESIDING AT:
NO.47, MUDDANNA ROAD, 5TH MAIN, MEENAKSHINAGAR, KAMAKSHIPALYA, BANGALORE – 560 079 ... APPELLANTS (BY SRI.R.CHANDRASHEKHAR, ADV.) AND:
1. RANGALAKSHMMA, MAJOR W/O LATE MUNIYAPPA 2. MURUGESH, MAJOR S/O LATE MUNIYAPPA 3. MURTHY, MAJOR S/O LATE MUNIYAPPA RESPONDENT 1 TO 3 ARE R/O NO.61/04, 7TH CROSS, MEENAKSHINAGAR, KAMAKSHIPALYA – 79 4. VIMALA GEORGE G. , MAJOR FLAT NO.GBSS GOVINDA VILLA APARTMENT, NO.5, ANDREE ROAD, SHANTHINAGAR, BANGALORE – 560 027 5. THE REGIONAL MANAGER NATIONAL INS. CO. LTD. REGIONAL OFFICE, NO.144, SUBHARAMA COMPLEX, M.G. ROAD, BANGALORE – 560 001 (BY SRI: A N KRISHNASWAMY, ADV. FOR R5, ... RESPONDENTS NOTICE TO R.1 TO R.4 IS D/W. V.O. DATE: 16.07.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.12.2011 PASSED IN MVC NO.5565/2010 ON THE FILE OF THE XX ADDITIONAL JUDGE, & XVIII ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 18.10.2016, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent-National Insurance Company Limited 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.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.
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. 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.
The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Akd/mkm Sd/- MEMBER