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:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.5979/2016 (Lok Adalat No.5869/2017) BETWEEN 1. RATHNAMMA @ NAGARATHNAMMA W/O LATE DODDARANGAIAH AGED ABOUT 33 YEARS 2. NAGESH S/O LATE DODDARANGAIAH AGED ABOUT 21 YEARS 3. RANGANATHA S/O LATE DODDARANGAIAH AGED ABOUT 16 YEARS SINCE MINOR IN AGE REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT RATHNAMMA @ NAGARATHNAMMA ALL ARE RESIDENTS OF GULAHARIVE VILLAGE, GULUR HOBLI, TUMKURU TALUK & DISTRICT ... APPELLANTS (BY SRI. CHETHAN D T, ADV.,) AND 1. M/S DURGAMBA MOTORS NO 1, 4TH BLOCK , 100FEET ROAD KORAMANGALA BENGALURU - 560034 REPRESENTED BY ITS MANAGING PARTNER (OWNER OF THE DURGAMBHA BUS BEARING REG NO KA-01-D-8558) 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO LTD KUNDAPURA, KUNDAPURA TOWN KARNATAKA - 5760201 (HAVING ITS ONE OF THE BRANCH OFFICE AT THE NEW INDIA ASSURANCE CO LTD TUMKURU SHOPPING COMPLEX B H ROAD TUMKURU - 572102 (INSURER OF DURGAMBHA BUS BEARING REG NO KA-01-D-855 VIDE POLICE NO 67220131110100009124 VALID FROM 05.03.2012 TO 04.03.2013) ... RESPONDENTS (BY SRI. A K BHAT, ADV., FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.9.2015 PASSED IN MVC NO.266/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company along with its representative 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 lump- sum of Rs.2,00,000/- (Rupees Two Lakhs 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. Apportionment, deposit and release of additional compensation amount among the claimants will be in the ratio of the award of the 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 Sd/- MEMBER PMR