HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.3553/2018 (MV) (Lok Adalat No.2435/2019) BETWEEN:
1. Rathnamma, W/o late Nagaraj, Aged about 44 years, 2. Naveen, D/o Late Nagaraj, Aged about 23 years, App No.1 & 2 residing at Tenkodu, Hosur Village, Varadamula Post, Sagar Taluk-577 401, Shivamogga District.
3. Vanamala, W/o Gurumurthy, Aged about 24 years, R/at Malali, Melinabesige, Hosanagara Taluk, Shivamogga District-577 201. (By Sri Pruthvi Wodeyar, Advocate) AND:
1. Ranjith.P, S/o Pandiyan, Aged about 22 years, R/o Ambedkar Nagara, Soraba Taluk, Shivamogga District – 577 001.
2. M. Narendra Pai, S/o late M.Vittal Pai, Aged about 47 years, Manager, SGMT. Ltd., Vijayanagar, 6th Cross, Gopala, Shivamogga-577 201.
3. The United India Insurance Company Ltd., J.C.Road, Sagar Town, Sagar-577 401, Shivamogga District.
Rep. by its Divisional Manager. (By Sri.Ravish Benni, Advocate for R3) ... Appellants ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2017 PASSED IN MVC NO.580/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the third Respondent – United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the third respondent-insurance company and its authorized officer is filed. The appellant-claimant have agreed to receive and the third respondent-insurance company has agreed to pay a global compensation of Rs.3,25,000/- (Rupees Three Lakh Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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 entire enhanced compensation amount shall be released in favour of the appellants – claimants as per the ratio adopted by the claims Tribunal, on proper identification.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE HB/-
Sd/- MEMBER