HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 1179/2017 (MV) (Lok Adalat No. 4101/2017) BETWEEN:
1. Sowbhagya W/o Late T.K. Rajashekar, Aged about 41 years.
2. T.R. Komala D/o Late T.K. Rajashekar, Aged about 30 years.
3. T.R. Chandana D/o Late T.K. Rajashekar, Aged about 27 years.
4. T.R. Kiranakumar S/o Late T.K. Rajashekar, Aged about 22 years.
All are residents of Thimlapuri Village, Biligere Post, Kibbanahalli Hobli, Tiptur Taluk – 572 201. .. Appellants (By Sri. Shantharaj K., Advocate) AND:
1. D.N. Devaraj S/o not known, Resident of Doddaennagere Village, Shanthigrama Hobli, Hassan District-573 201.
2. United India Insurance Company Ltd., Represented by its Regional Manager, Krushi Bhavan, No. 5th and 6th Floors, Nrupathunga Road, Bangalore – 560 001. .. Respondents (By Sri. C. Shankara Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 16.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.10.2016 PASSED IN M.V.C. NO.794/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-United India Insurance Company Ltd., along with its counsel 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 global compensation of Rs. 1,60,000/- (Rupees One Lakh Sixty 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. The apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal and the compensation payable to appellant Nos.1 to 4 shall be disbursed in their favour, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv