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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.3022/2018 (MV) (Lok Adalat No.2110/2019) BETWEEN 1. Mrs. Rathna aged about 42 years, w/o late Laxman Naik, R/at. Irgi, Hengavalli Village & Post, Kundapura Taluk – 576 201.
2. Sri Rajashekhar, Aged about 17 years, S/o Late laxman Naik, 3. Sri Vinaya, Aged about 11 years, S/o Late Laxman Naik, Appellant Nos.2 & 3 are minors, Represented by their guardian and Mother - appellant No.1, Mrs.Rathna R/at Irgi, Hengavalli Village & Post, Kundapura Taluk – 576 201. ... Appellants (By Sri S. Vishwajith Shetty, Advocate) AND 1. Mr. Karuna, Aged about 41 years, S/o late Chandrappa, R/o Kivin Bagilu, Vandse Village, Kundapura Taluk – 576 202.
2. Mrs. U.K.Shrilaxmi U.Rao, Aged about 53 years, W/o U.K.Umesh Rao, R/o Uma Manjunath Nilaya, Hengavalli Village & Post, Kundapura Taluk – 576 201.
3. The Branch manager, The Oriental Insurance Co. Ltd., Branch Office, Surathkal, Mangaluru Taluk – 575 003. …Respondents (By Sri R.Rajagopalan, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2018 PASSED IN MVC NO.419/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE & ADDL. MACT, UDUPI, (SITTING AT KUNDAPURA) KUNDAPURA, 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 – Oriental 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 Appellants - Claimants have agreed to receive and the Third Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
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 Mkm* Sd/- MEMBER