HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 461/2015 (MV) (Lok Adalat No. 5418/2016) BETWEEN:
1. Smt. Savitha W/o Late Manjunatha Devadiga Aged about 33 years.
2. Minor Sampath S/o Late Manjunath Devadia, Aged about 12 years.
3. Minor Sinchana S/o Late Manjunath Devadia, Aged about 10 years.
Appellant Nos.2 and 3 are minors Rep. by guardian mother Smt. Savitha.
4. Smt. Radha Devadiga, W/o Late Narasimha Devadia, Aged about 57 years.
All are residing at “Anugraha Nilaya” Arebailu, thekkatte Village, Kundapura Taluk – 576201, Udupi District. ... Appellants (By Sri Nagaraja Hegde, Advocate) AND:
1. Sri Nagananda S/o T. Huchhappa, Aged about 33 years, r/o Mandipete, M.S.Road, Shikaripura Taluk, Shimoga District 577201.
2. Future General India Ins. Co. Ltd., Branch Office, Deshpande Nagar, Hubli – 580020, Rep. by its Branch Manager. .. Respondents (By Sri H.S.Lingaraj, Advocate for R-2, Notice to R-1 d/w. v.o. dated 24.02.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.12.2012 PASSED IN M.V.C. NO.34/2011 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 ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellants and the representative of Respondent – Future General India Insurance Company Ltd., along with its counsel 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 compensation of Rs. 1,75,000/- (Rupees One Lakh Seventy Five 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.
Mkm Sd/- JUDGE Sd/- MEMBER