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. 1424/2012 (MV) (Lok Adalat No.2066/2019) C/W M.F.A. No. 10546/2011 (MV) (Lok Adalat No.2065/2019) IN MFA NO. 1424/2012 BETWEEN:
1. Smt. Reshma, W/o Late Sathish @ Sachin Aged about 35 years, 2. Kum. Saurabha, D/o late Sathish @ Sachin Aged about 09 years, Represented by mother, Natural guardian-appellant No.1 Both are residing at Nithyananda Kripa, Shanthi Nagara, Benjanapadavu, Bantwal Taluk.
3. Mrs. Sundari W/o Srinivasa Kotian, AND:
Aged about 63 years, residing at:
Dhondale Mane, Kanyadi Post, Kanyadi Village, Belthangady Taluk. ... Appellants (By Sri Dayanand S. Patil, Advocate) 1. Dhodapa H.Sakrappa, S/o Hanumanthappa, Aged about 40 years, r/o Adharagunja Post, Hubli Taluk, Dharwad District.
2. The Managing Director, K.S.R.T.C. Central Office, Bangalore.
3. The Oriental Ins. Co. Ltd., Branch Office at 2nd Floor, Enki Complex, Keshavapura, Hubli, Represented by its Branch Manager. ... Respondents (By Sri F.S.Dabali, Advocate for R.2, Smt. Harini Shivananda, Advocate for R.3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.06.2011 PASSED IN MVC NO. 880/2009 ON THE FILE OF THE I ADDL. DISTRICT JUDGE AND MEMBER, MACT-III, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 10546/2011 BETWEEN:
The Manager, The Oriental Ins. Co. Ltd., II Floor, Enki Complex, Keshavapura, Hubballi, Now represented by its Regional Manager, Regional Office, Leo Shopping Complex, No.44/45, Residency Road, Bangalore - 25. ... Appellant (By Smt. Harini Shivananda, Advocate) AND:
1. Smt. Reshma W/o late Satish @ Sachin, Aged 34 years, 2. Kum. Saurabha, 08 years, D/o late Sathish @ Sachin Since minor, Rep. by her mother, & Natural guardian-appellant No.1 Both are residing at Nityananda Kripa, Shanthinagara, Benjanapadavu, Bantwal Taluk.
3. Mrs. Sundari W/o Srinivasa Kotian, Aged about 62 years, are residing at: Dhondale Mane, Kanyadi Post, Kanyadi Village, Belthangady Taluk.
4. Dhodapa H.Sakrappa, S/o Hanumanthappa, Aged about 39 years, r/o Adharagunj Post, Huballi Taluk.
5. Managing Director, K.S.R.T.C. Central Office, Bangalore. … Respondents (By Sri. Dayanand S. Patil, Advocate for R.1 to R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.06.2011 PASSED IN MVC NO. 880/2009 ON THE FILE OF THE I ADDL. DISTRICT JUDGE AND MEMBER, MACT-III, D.K., MANGALORE, AWARDING A COMPENSATION OF RS. 7,65,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Respondent No.3 – Oriental Insurance Co. Ltd. along with its representative and the learned Counsel for the Appellants - claimants are present.
2. After prolonged negotiations, the matter is settled. The Third respondent – Insurance Company has agreed to pay and Appellants - claimants have agreed to receive a lump-sum of Rs. 5,00,000/- (Rupees Five 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 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. The amount if, any deposited before this Court shall be transferred to the Tribunal.
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. Miscellaneous First Appeal No. 1424/2012 filed by the Appellants – claimants stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA 1424/2012, connected case in MFA 10546/2011 filed by the Insurance Company is hereby disposed of. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER Mkm*