HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.6592/2014 (MV) (LOK ADALATH NO.3254/2017) BETWEEN:
1. SMT. SHANTHAMMA W/O LATE MARAIAH, AGED ABOUT 38 YEARS 2. JYOTHI D/O LATE MARAIAH AGED ABOUT 22 YEARS 3. ANIL KUMAR S/O LATE MARAIAH, AGED ABOUT 19 YEARS 4. SURESH S/O LATE MARAIAH, AGED ABOUT 16 YEARS, THE APPELLANT NO.4 IS MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER APPELLANT NO.1 ALL ARE RESIDING AT UDDANUR VILLAGE, KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT – 98 ... APPELLANTS (BY SRI.PRATHEEP K C, ADV.) AND:
1. SRI KRISHNA S/O PUTTAMADAIAH, SINCE DEAD BY LR’S SMT.MANJU W/O LATE KRISHNA @ MODI KRISHNAPPA, AGED ABOUT 40 YEARS, 2. VINESH S/O LATE KRISHNA @ MODI KRISHNAPPA, AGED ABOUT 19 YEARS 3. YOGESH S/O LATE KRISHNA @ MODI KRISHNAPPA AGED ABOUT 12 YEARS THE RESPONDENT NO.3 IS MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER RESPONDENT NO.1 ALL ARE RESIDING AT UDDANNUR VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 98 4. NATIONAL INSURANCE COMPANY LIMITED ADHICHUNCHANAGIRI ROAD, NEAR SHANTHI SAGAR COMPLEX KUVEMPUNAGARA MYSORE – 76 ... RESPONDENTS (BY SRI.A M VENKATESH, ADV. FOR R4, NOTICE TO R.1 TO R.3 IS D/W. V.O. DATED: 05.10.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.02.2013 PASSED IN MVC NO.1145/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I, ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 18.07.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.4,35,000/- (Rupees Four Lakhs Thirty Five Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/- JUDGE Akd/mkm Sd/- MEMBER