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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.8093/2017 (MV) (Lok Adalat No.2230/2019) BETWEEN:
1. SRI ALWIN, S/O. MOHAN KUMAR B.J., AGED ABOUT 27 YEARS, R/AT NO.53, S.BOMMENAHALLI, KADDUR TALUK, CHIKKAMANGALURU, PIN: 577 175.
2. SMT. IREEN VANAJAKSHI, W/O. A.I.NANDAN, AGED ABOUT 40 YEARS, R/AT NO.181, PETE BANNAVARA, ARASIKERE TALUK, HASSAN DISTRICT. … APPELLANTS (BY SRI RAJU S., ADVOCATE) AND:
1. SRI KRISHNA, S/O. LATE MOODALAIAH, R/AT KEMPANAHALLI VILALGE, KASABA HOBLI, RAMANAGARA TALUK, AND DISTRICT – 572 159.
2. THE NEW INDIA INSURANCE CO., LTD., NO.2241/4, GIRIYAMMA SHAMBUGOWDA, COMPLEX, CHURCH ROAD, CHANNAPATNA, REP. BY ITS BRANCH MANAGER. … RESPONDENTS (BY SRI C.SHANKAR REDDY, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC NO.403/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM AND MACT, RAMANAGARAM, 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 second Respondent - New India Assurance 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.9,00,000/- (Rupees Nine Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
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.
4. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellants-claimants for a period of three years and they are entitled to withdraw the accrued interest periodically and remaining 50% shall be released in favour of the appellants – claimants as per the ratio adopted by the Claims Tribunal, 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 HB/-