HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.2809/2016 (MV) (Lok Adalat No.642/2019) 1. SMT. SHRUTHI RAMESH W/O LATE L K RAMESH AGED ABOUT 35 YEARS 2. KUM.CHINMAYI L.R. D/O LATE L.K.RAMESH AGED ABOUT 12 YEARS 3. BABY MYTHREYI D/O LATE L.K. RAMESH AGED ABOUT 9 YEARS APPELLANT NO.2 & 3 SINCE MINOR REPRESENTED BY THEIR MOTHER & NATURAL GUARDIAN, APPELLANT NO.1 ALL ARE R/O KEMPANAHALLI CHIKKAMAGALURU-577101.
(BY SRI. VINOD GOWDA, ADV.) ... APPELLANTS AND:
1. SRI. MANJUNATHA T.S S/O SRI.SAGANAIAH AGED 38 YEARS R/O THEGURU VILLAGE CHICKMAGALURU DISTRICT-577101.
2. SRI. A.T. KRISHNAMURTHY S/O THIMMAIAH R/O AMBLE VILLAGE & POST CHIKKAMAGALURU-577101.
3. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., CRESENT COURT, K M ROAD CHIKKAMAGALURU-577101.
... RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADV. FOR R3 R1 & R2 ARE SERVED) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.01.2016 PASSED IN MVC NO.250/2014 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE AND. MACT, CHIKKAMAGALURU, PARTLY 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 third Respondent – United India Insurance Company Limited 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 third respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.7,05,000/- (Rupees Seven Lakhs Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 MBM Sd/- MEMBER