HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.7252/2011(MV) (LOK ADALATH NO.4542/2017) BETWEEN:
1. SMT RUKMINI BAI W/O LATE NARASIMHA MURTHY, AGED ABOUT 45 YEARS, 2. SMT LAKSHMI BAI W/O LATE NARASIMHA MURTHY, W/O MOHAN RAO, AGED ABOUT 24 YEARS, BOTH ARE R/AT C/O DURGOJI RAO, #1449, INDIRA NAGAR, NEMANGALA-562123.
3. SMT VENKUBAYAMMA W/O LATE GANGOJI RAO, AGED ABOUT 94 YEARS, ADAKAMARANAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562123 APPELLANTS (BY SRI M N MADHUSUDHAN, ADVOCATE) AND 1. THE ORIENTAL INSURANCE CO. LTD. #21, MAHALAKSHMI COMPLEX, HOSUR MAIN ROAD, ADUGODI, BANGALORE-560030.
2. SRI SHIVARAJU B M S/O MATHORE GOWDA, MAJOR, R/AT #50, 12TH MAIN ROAD, PAVITHRA NILAYA, KALAPPA BLOCK, SRINAGARA, BANGALORE-560050.
THE OWNER OF THE MOTOR CYCLE BEARING REG NO.KA-05 EY 1633). ... RESPONDENTS (BY SRI SRISHAILA, ADVOCATE FOR R1) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.8.2010 PASSED IN MVC NO.4656/2006 ON THE FILE OF XIX ADDITIONAL SCJ & MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
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 lumpsum of Rs.1,68,000/- (Rupees One Lakh Sixty Eight 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. Out of the enhanced compensation, 50% of the same shall be deposited in the names of the appellants in any Nationalised Bank for a period of five years. The balance 50% shall be released in favour of the appellants. The apportionment, deposit and release of the said amount shall be in terms of the award of the MACT.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-