HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.2589/2018 (MV) (LOK ADALATH NO.853/2019) BETWEEN:
1. SRI. KRISHNAMURTHY YANE MURTHY S/O LATE KUPPA DEVADIGA AGED ABOUT 60 YEARS 2. SMT. NAGARATHNA D/O KRISHNAMURTHY YANE MURTHY AGED ABOUT 27 YEARS 3. MISS. NAGAVENI D/O KRISHNAMURTHY YANE MURTHY AGED ABOUT 25 YEARS 4. MISS. SUDHA D/O KRISHNAMURTHY YANE MURTHY AGED ABOUT 24 YEARS 5. SRI. RAVINDRA S/O KRISHNAMURTHY YANE MURTHY AGED ABOUT 23 YEARS ALL ARE RESIDING AT KAMPLIKERE NAYAKANAKATTE POST KERGAL VILLAGE KUNDAPURA TALUK-576 201 ... APPELLANTS (BY SRI.K PRASANNA SHETTY, ADVOCATE) AND:
1. SRI. BHASKAR. N S/O NARASIMHA AGED ABOUT 44 YEARS R/O. NO.8, GVR COMPLEX MADA NAYAKANAHALLI TUMKUR ROAD, BANGALORE 2. THE ORIENTAL INSURANCE COMPANY LTD., REP BY ITS DIVISIONAL OFFICE UDUPI BRANCH OFFICE: NOIDA VISHNU PRAKASH BUILDING COURT ROAD, UDUPI-576 101 ... RESPONDENTS (BY SRI.K SURESH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2017, PASSED IN MVC NO.41/2016, ON THE FILE OF THE ADDTITIONAL DISTRICT AND SESSIONS JUDGE, ADDITOINAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 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.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. A joint memo is filed on behalf of the parties to this effect.
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. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the claims Tribunal.
5. 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.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER BSR