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 MR.JUSTICE L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.2718/2016 (LOK ADALATH NO.2118/2019) BETWEEN:
1. SRI.HANUMANTHAPPA S/O NINGAPPA AGED ABOUT 47 YEARS 2. SMT. JANAMMA W/O HANUMANTHAPPA AGED ABOUT 42 YEARS 3. SRI.RAMESH S/O HANUMANTHAPPA AGED ABOUT 26 YEARS 4. SRI SANTHU @ ITAGI SANTOSHA S/O HANUMANTHAPPA AGED ABOUT 21 YEARS 5. DURGAMMA @ ITAGI DURUGAMMA D/O HANUMANTHAPPA AGED ABOUT 19 YEARS 6. NINGAPPA S/O HANUMANTHAPPA AGED ABOUT 14 YEARS 7. PANDURANGA S/O.HANUMANTHAPPA AGED ABOUT 12 YEARS APPELLANTS NO.6 AND 7 ARE MINORS, REPRESENTED BY THEIR FATHER IST APPELLANT.
ALL ARE R/O SHRUNGARA THOTA VILLAGE HARAPANAHALLI TALUK – 583 131 DAVANAGERE DISTRICT ... APPELLANTS (BY SRI.V.B.SIDDARAMAIAH, ADV.) AND:
1. THE ORIENTAL INSURANCE CO. LTD., THILUVALLI COMPLEX P B ROAD DAVANAGERE – 577 001 REP. BY ITS DIVISIONAL MANAGER 2. SRI.KUMBAR VEERESH @ VEERANNA CHAKRASALI S/O RUDRAPPA MAJOR - AGE NOT KNOWN TO APPELLANT R/O NANDIBEVOOR VILLAGE HARAPANAHALLI TALUK – 583 131 DAVANAGERE DIST 3. SRI.ZAKIR HUSSAIN S/O M.SARKAHAVAS MAJOR-AGE NOT KNOWN TO APPELLANT R/O #370/90, IST WARD ACHARYA LAYOUT HARAPANAHALLI TALUK – 583 131 DAVANAGERE DIST ... RESPONDENTS (BY SRI.B C SEETHARAMA RAO, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.07.2015 PASSED IN MVC NO.57/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT- IX, HARAPANAHALLI, 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 for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.5,00,000/- (Rupees Five Lakhs Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Release and deposit shall be in terms of award of the Tribunal.
Sd/- JUDGE Sd/- MEMBER akd