HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.5032/2018 (Lok Adalath No.416/2019) BETWEEN:
1. SMT. SHANKUNTHALA SHETTY W/O LATE SUKUMAR SHETTY AGED ABOUT 50 YEARS.
2. SRI. SUSHAN SHETTY S/O LATE SUKUMAR SHETTY AGED ABOUT 25 YEARS.
3. MISS. SAHANA SHETTY D/O LATE SUKUMAR SHETTY AGED ABOUT 23 YEARS.
4. SMT. AKKAYYA SHEDTHI W/O LATE NARAYANA SHETTY AGED ABOUT 93 YEARS.
ALL ARE RESIDING AT SABLADY, HEBBAGILU MANE HATTIYANGADI POST & VILLAGE KUNDAPURA TALUK. ... APPELLANTS (BY SRI. K. PRASANNA SHETTY., ADVOCATE) AND:
1. SRI. SUDHAKAR SHETTY S/O LATE VASU SHETTY AGED ABOUT 59 YEARS R/O KHB COLONY, LIG 27 KAVOOR POST, MANGALORE.
2. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE BEAUTY PLAZA, BALMATA ROAD MANGALORE. ... RESPONDENTS (BY SRI. B.S. UMESH., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.07.2017, PASSED IN MVC NO.895/2015, ON THE FILE OF THE ADDITIONAL DISTRICT & SESSION'S JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT 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 THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellants and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellants-claimants have agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 2,75,000/- (Rupees Two Lakh Seventy 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. Order for deposit and apportionment made by the Tribunal will also hold good for enhanced compensation.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER sp*