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 S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.2313/2018 (MV) (Lok Adalat No.2268/2019) BETWEEN:
1. SRI GANGAIAH S/O LATE OBANNA AGED ABOUT 52 YEARS 2. SMT. MAHALINGAMMA W/O GANGAIAH AGED ABOUT 47 YEARS BOTH ARE R/AT NELAHAL VILLAGE BELLAVI HOBLI TUMAKURU TALUK & DISTRICT-572 101. ... APPELLANTS (BY SRI SHANTHARAJ K., ADVOCATE) AND:
1. SRI. HANUMANTHAIAH S/O LATE DODDAIAH AGED ABOUT 30 YEARS R/AT SOMASAGARA HALA DODDAHERI POST TUMAKURU TALUK & DISTRICT-572 101.
2. THE UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER JAYADEVA COMPLEX B.H. ROAD, TUMAKURU CITY-572 101. ... RESPONDENTS (BY SRI MOHAN KUMAR T., ADVOCATE FOR R2; NOTICE TO R1 IS D/W V/O DTD: 08.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2017 PASSED IN MVC NO.514/2016 ON THE FILE OF II ADDL. DISTRICT JUDGE AND MACT, TUMAKURU, 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 – 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 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 lump-sum of Rs.7,00,000/- (Rupees Seven 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, 25% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellants- claimants equally for a period of three years and they are entitled to withdraw the accrued interest periodically and the remaining 75% shall be released equally in their favour, 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 NR/-