HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI K.P.YOGANNA, MEMBER M.F.A.No. 4084/2017 (MV) (Lok Adalat No. 2383/2018) BETWEEN Smt. Shobha @ Shobha P. Ramakrishna, W/o P. Ramakrishna, Aged about 55 years, R/at. Door No.3-32/10-8, Katileshwari Nilaya, Ashraya Colony, Bondel, Mangalore, D.K.District – 575 008. ... Appellant (By Sri G. Ravishankar Shastry, Advocate) AND 1. Sudhama Rai, s/o Koragappa Rai, Aged about 37 years, R/at. Kodman House, Kodman Post, Bantwal Taluk, D.K. District – 574 143.
2. The Divisional Manager, United India Ins. Co. Ltd., K.S.Rao Road, Popular Building, Hampankatta, Mangalore, D.K.-575 001. ... Respondents ( By Smt. Harini Sivananda, Advocate for R-2, Notice to R.1-d/w. v/o. dated 30.11.2018) MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2017 PASSED IN MVC NO. 252/2015 ON THE FILE OF THE M.A.C.T. & II ADDL. SENIOR CIVIL JUDGE, MANGALURU, D.K., PARTLY 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 Appellant - Claimant and the learned Counsel for the Respondent – United India Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Claimant has agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs.5,50,000/- (Rupees Five lakh Fifty 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. Out of the enhanced compensation amount, Rs.2,50,000/- shall be kept in fixed deposit in any nationalized/scheduled bank in the name of the appellant for a period of five years with a liberty to withdraw the interest periodically and the remaining amount of Rs.3,00,000/- shall be released in favour of the appellant-claimant, on proper identification.
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