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 K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 1736/2015 (MV) (Lok Adalat No. 2511/2019) BETWEEN 1. Smt. Sadu Samagarthi, W/o late Rama Naik, Major, R/o Janatha Colony Kodapady, Gujjadi Post, Kundapura Taluk, Udupi District – 576 201.
2. Kum. Lalitha D/o Late Rama Naik, Aged about 26 years, R/o Janatha Colony Kodapady, Gujjadi Post, Kundapura Taluk, Udupi District – 576 201.
3. Sri Govinda S/o Late Rama Naik, Aged about 41 years, R/o Senapura Village, Bantwadi Post, Kundapura Taluk, Udupi District – 576 201.
4. Sri Chandra Naik, S/o Late Rama Naik, Major, R/o Bharath Nagar, 5th Cross, Gujjadi Post, Kundapura Taluk, Udupi District – 576 201.
5. Smt. Rathna W/o Narasimha Major, R/o Janatha Colony Kodapady, Gujjadi Post, Kundapura Taluk, Udupi District – 576 201.
6. Smt. Saku, W/o Ravi, Major, R/o Janatha Colony Kodapady, Gujjadi Village, Kundapura Taluk, Udupi District – 576 201.
7. Smt. Laxmi, W/o Prabhakar Naik, Major, R/o Santhe Katte Village, Udupi Taluk & District – 576 201. ... Appellants (By Sri S.S.Haveri, Advocate) AND 1. Parath Gowda Havargi, S/o Late Siddanna Havargi, Aged about 32 years, R/o S.K.Nagar, Thalikote Hobli, Muddebihal Taluk, Bijapura – 586 101.
2. Reliance Gen. Ins. Co. Ltd., Branch Bijapura, By its Manager, Bijapura – 586 101. ... Respondents (By Sri H.S.Lingaraj, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2014 PASSED IN MVC NO.849/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, 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 Second Respondent – Reliance General 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 Second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the Second respondent- insurance company has agreed to pay a lump-sum of Rs.1,40,000/- (Rupees One Lakh Forty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 entire enhanced compensation amount shall be released in favour of the appellants-claimants as per the ratio adopted by the Claims Tribunal, on proper identification.
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