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.2725/2019 (MV) (Lok Adalat No.2355/2019) BETWEEN 1. Smt. Seethara, W/o late Sheik Mira Saheb, Aged about 39 years, 2. Ashika, D/o late Sheik Mira Saheb, Aged about 23 years, 3. Ashira, S/o late Sheik Mira Saheb, Aged about 19 years, 4. Ashish, S/o late Sheik Mira Saheb, Aged about 16 years, Since Appellant No.4 is minor, Rep. by natural guardian, Mother-appellant No.1.
5. Sri Hayyath Basha Saheb, S/o late Sheik Mohihidin Saheb, Aged about 74 years, 6. Smt. Zulekha, W/o Hayyath Basha Saheb, Aged about 69 years, All are residing at Hennabailu, Siddapura Village, Hosangangi Post, Kundapura Taluk – 576 201. ... Appellants (By Sri Nagaraja Hegde, Advocate) AND 1. The Managing Director, M/s. H.T.Co.Ltd., 76 Badaguttu, Chitpady, Udupi Taluk – 576 101.
2. The Oriental Insurance Co. Ltd., Divisional Office, Vishnuprakash, Court Road, Udupi – 576 101, Rep. by its Divisional Manager. …Respondents (By Sri H.C.Vrushabhendraiah, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.09.2013 PASSED IN MVC NO.594/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, MACT, KUNDAPURA, 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 – Oriental Insurance Company Limited and 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.8,00,000/- (Rupees Eight lakh 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims 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 Sd/- MEMBER Mkm*