HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.2292/2017 (Lok Adalath No.7053/2017) BETWEEN:
1. RAMEGOWDA S/O LATE MATEGOWDA NOW AGED ABOUT 50 YEARS.
2. SAKAMMA W/O SRI. RAMEGOWDA NOW AGED ABOUT 44 YEARS.
3. PARAMESH S/O SRI. RAMEGOWDA NOW AGED ABOUT 26 YEARS.
4. SHIVRAJ S/O SRI. RAMEGOWDA NOW AGED ABOUT 23 YEARS.
APPELLANTS NO.1 TO 4 ARE R/AT VADDARAKOPPALU VILLAGE KASABA HOBLI, ARKALGUD TALUK HASSAN DISTRICT – 573 102.
(BY SRI. BALAJI A.M., ADVOCATE) ... APPELLANTS AND:
1. B.K. DIWAKARA S/O BABUGOWDA AGED ABOUT 35 YEARS R/AT MULLURU VILLAGE SHANIVARASANTHE HOBLI SOMVARPET TALUK – 571 236 COORG DISTRICT.
2. THE MANAGER NATIONAL INSURANCE CO. LTD., 1ST STAGE, MANNA BUILDING MAIN ROAD, VIRAJPET TOWN – 571 218, COORG DISTRICT.
... RESPONDENTS (BY SRI. K. SRIDHAR., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.09.2015 PASSED IN MVC NO.818/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 06.12.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for appellants and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellants-claimants have agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `6,25,000/- (Rupees Six 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. Order for deposit and apportionment made by the Tribunal will also hold good for enhanced compensation.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER DR