HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A. No. 4374/2017 (MV) (Lok Adalat No.2155/2018) C/W M.F.A. No. 4826/2017 (MV) (Lok Adalat No. 908/2019) IN MFA NO. 4374/2017 BETWEEN:
1. Susheela, W/o late Prakasha P.T., Aged about 46 years, 2. Dhanalakshmi, D/o late Prakasha P.T., Aged about 28 years, 3. Annapoorna, D/o late Prakasha P.T., Aged about 26 years, 4. Latha, D/o Late Prakasha P.T., Aged about 21 years, AND:
All are r/o No.64, G.M.Street, Rajappa Keri, Malavalli Town, Mandya District – 571 404. ... Appellants (By Sri R.Pramod, Advocate) 1. Siddappa N.D., S/o late Doddaboregowda, Aged not known, r/o No.544, Palahalli Village, S.R.Patna Taluk – 571 438, Mandya District-571 401.
2. The Divisional Manager, The Oriental Ins. Co. Ltd., Opposite to Fire Brigade, 1st Main, Saraswathipuram, Mysore – 571 408. ... Respondents (By Sri C.R.Ravishankar, Advocate for R.2, v/o. dated 27.11.2018, notice to R.1 is d/w.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2017 PASSED IN MVC NO. 753/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 4826/2017 BETWEEN:
The Oriental Ins. Co. Ltd., Opposite to Fire Brigade, 1st Main, Saraswathipuram, Mysore.
Represented by Regional Office, No.44/45, Leo Shopping Complex, Residency Road, Bangalore – 560 025, By its Regional Manager. ... Appellant (By Sri C.R.Ravishankar, Advocate) AND:
1. Smt. Susheela, W/o late Prakasha P.T., Aged about 46 years, 2. Smt. Dhanalakshmi, D/o late Prakasha P.T., Aged about 28 years, 3. Smt. Annapoorna, D/o late Prakasha P.T., Aged about 26 years, 4. Smt. Latha, D/o Late Prakasha P.T., Aged about 21 years, All are r/o No.64, G.M.Street, Rajappa Keri, Malavalli Town, Mandya District – 571 421.
5. Sri Siddappa, Aged major, S/o late Dodda Boregowda, r/at. No.544, Palahalli Village, S.R.Patna Taluk – 571 438, Mandya District. … Respondents (By Sri R.Pramod, Advocate for R.1 to R4, Sri Shridhara K. & Smt. Preethy K, Advocates for R.5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.03.2017 PASSED IN MVC NO. 753/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, AWARDING A COMPENSATION OF RS. 8,23,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE APPEALS 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 Respondent No.2 – Oriental Insurance Co. Ltd. along with its representative and the learned Counsel for the Appellants - claimants are present.
2. After prolonged negotiations, the matter is settled. The Second respondent – Insurance Company has agreed to pay and Appellants - claimants have agreed to receive a lump-sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) in full and final settlement of the claim (Including Trial Court Award Amount). A joint Memo is filed on behalf of the parties to this effect.
3. The Second 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. The amount if, any deposited before this Court shall be transferred to the Tribunal.
4. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
5. Miscellaneous First Appeal No. 4374/2017 filed by the Appellants – claimants stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA 4374/2017, connected case in MFA 4826/2017 filed by the Insurance Company is hereby disposed of. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER Mkm*