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 BETWEEN:
1. RATHNAMMA M.F.A.No.3334/2017 (Lok Adalat No.5488/2017) W/O LATE RAJEGOWDA AGED ABOUT 43 YEARS 2. GEETHA D/O LATE RAJEGOWDA AGED ABOUT 26 YEARS 3. GANGAMMA W/O LENKYAPPA AGED ABOUT 68 YEARS 4. LENKYAPPA S/O LATE HANUMANTHGOWDA AGED ABOUT 73 YEARS ALL APPELLANTS ARE R/AT NAGARAHALLI VILLAGE GANDASI HOBLI ARSIKERE TALUK HASSAN DISTRICT – 573 201.
(BY SRI. GIRISH B. BALADARE, ADV.) ...APPELLANTS AND:
1. THE MANAGER THE NEW INDIA INSURANCE CO. LTD. HARSHA MOHALLA ROAD HASSAN – 573 201.
2. MARIGOWDA S/O LATE EREGOWDA AGED ABOUT 35 YEARS ULLANGALA VILLAGE & POST ARAKALGUD TALUK HASSAN DISTRICT – 573 201.
(BY SRI. O.MAHESH, ADV. FOR R1;
…RESPONDENTS NOTICE TO R1 IS DISPENSED WITH V/O DTD:13.11.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.01.2016 PASSED IN ECA NO.7/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARSIKERE, 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.2,70,000/- (Rupees two lakhs seventy 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. Apportionment, disbursement and deposit of additional compensation amongst the claimants will be in terms 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 Mgn/-
Sd/- MEMBER