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 B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 8878/2015 (MV) (Lok Adalat No. 6433/2017) BETWEEN:
1. Sri Narasimhamurthy, Aged about 42 years, 2. Smt. Shivananjamma, W/o Narasimhamurthy, Aged about 36 years, 3. Swamy s/o Narasimhamurthy, Aged about 12 years, Since 3rd appellant is minor, Represented by his father And natural guardian petitioner No.1.
All are residing at Kempasagara, Kasaba Hobli, Magadi Taluk, Ramanagara District. .. Appellant (By Sri. Gopalakrishna B.N., Advocate) AND:
1. The Oriental Insurance Co. Ltd., No.19/1, I floor, 3rd Cross, Chikkanna Garden, Shankarmutt Compound, Shankarapuram, Bangalore – 560 004.
2. Smt. Jalajakshi, W/o Shivashankar, No.76, III Main Road, Chamarajpet, Bangalore – 560 018. …Respondents (By Sri P.B.Raju, Advocate for R-1, Notice to R.2 d/w. v.o. dated: 30.11.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.06.2015 PASSED IN M.V.C. NO.1360/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MEMBER - MACT, COURT OF SMALL CAUSES, BENGALURU, 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 – Oriental 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 lump-sum compensation of Rs. 3,40,000/- (Rupees Three Lakhs Forty 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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 *Mkm