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 RAGHVENDRA S. CHAUHAN AND SMT.. H.R. RENUKA, MEMBER M.F.A. No. 8498/2016 (MV) (Lok Adalat No. 3140/2017) BETWEEN:
1. Ramakka W/o Late Rajanna, Aged about 45 years.
2. Divya D/o Late Rajanna, Aged about 28 years.
3. Bhoothesh R. S/o Late Rajanna, Aged about 26 years.
4. Thimmaraja R. @ Thimmanna S/o Late Rajanna, Aged about 22 years.
5. Kumar R. S/o Late Rajanna, Aged about 20 years.
All are R/o Ginnappanahatti, (Bhovi Colony), Bukkapatna Hobli, Sira Taluk, Tumkur District-572 115. .. Appellants (By Sri. Bhojaraja, Advocate) AND:
1. H. Sikandar S/o Late Imam Khan Sab, Aged about 58 years, Thimmanahalli Village, Kandikere Hobli, Chikkanayakanahalli Taluk, Tumkur Dist. – 572 228.
2. The United India Insurance Company Ltd., Raghavendra Colony, B.H. Road, Tipatur, Tumkur District-572 201, Represented by its Branch Manager. .. Respondents (By Sri. Patel D. Karegowda, Advocate for R-1, Sri. Ravish Benni, Advocate for R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.03.2016 PASSED IN M.V.C. NO.73/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, SIRA, 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-United India Insurance 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. 3,25,000/- (Rupees Three Lakhs Twenty Five 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. The apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The compensation payable to the appellants 1 to 5/ claimants shall be disbursed in their favour, on proper identification.
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