HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No.1885/2018 (MV) (Lok Adalat No.164/2019) BETWEEN 1. Smt. Shilpa W/o late Seena Naika @ Srinivasa Naika Aged about 26 years 2. Kiran Kumar S/o late Seena Naika @ Srinivasa Naika Aged about 8 years Appellant 2 is minor Represented by natural guardian Mother - 1st appellant Both are r/at Veerenahalli Thanda Kasaba Hobli Madhugiri Taluk Tumkur District – 577 501. ... Appellants (By Sri. Sathisha T., Advocate) AND 1. Anil Kumar N. Aged about 29 years S/o Nagarajappa R/at Boramuthanahalli Kotagarlahalli Post Dodderi Hobli Madhugiri Taluk – 57212.
2. The New India Assurance Company Limited Opp: Ramamandira General Kariyappa Road (Barline Road), K. R. Extention Tumakuru – 572 101.
Now represented by Regional Manager New India Assurance Company Limited Regional Office No.9, 2nd floor Mahalakshmi Chamber M.G.Road Bengaluru – 560 001. ... Respondents (By Sri. P. B. Raju, Advocate for R.2 Notice to R1 is d/w v/o dated 30.01.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2018 PASSED IN MVC NO.373/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MACT- XIII, MADHUGIRI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellants - claimants and the learned Counsel for the Respondent – New India Assurance Company Limited along with its representative 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 of Rs.8,00,000/- (Rupees Eight Lakhs 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 as per the ratio adopted 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 RB