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. 4619/2016 (MV) (Lok Adalat No. 6437/2017) BETWEEN:
1. Sri Sheshappa alias Shesharaj s/o late Chikkamadashetty, Aged about 50 years, 2. Smt. Jayamma W/o Sheshappa alias Shesharaj, aged about 43 years, Both are r/at Kolgondanahalli Village and Post, Kodihalli Hobli, Kanakapura Taluk, Ramanagara District. .. Appellants (By Sri. Shripad V. Shastri and Sri K.V.Naik, Advocates) AND:
1. The Oriental Insurance Co. Ltd., R.O.No.44/45, Leo Shopping Complex, Residency road, Bengaluru -25.
By its Manager.
Policy issued by its Office at:
CBC – 14, No.19/1, 1st Floor, 3rd Cross, Chikkanna Garden, Shankarapuram, Bangalore – 4.
In Policy No.421803/31/2015/4535 Date of validity from 9.1.2015 to 8.1.2016.
Eicher Vehicle bearing Reg. No.KA.02.AD/8522.
2. Smt. Manoranjitham, Major, W/o Suryanarayanan S., R/at No.19, 1st Cross, Subbanna Chari Lane, Cotton Pet, Bangalore – 53. .. Respondents (By Sri. P.B.Raju, Advocate for R-1, Notice to R-2 d/w. v.o. dated: 10.02.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08.03.2016 PASSED IN M.V.C. NO.3108/2015 ON THE FILE OF THE II ADDL. SMALL CAUSES JUDGE AND MACT, 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. 1,80,000/- (Rupees One Lakh Eighty 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. Out of the enhanced compensation amount, a sum of Rs.40,000/- each shall be deposited in fixed deposit in the name of the appellant Nos.1 and 2 in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.50,000/- each shall be released in favour of appellants on proper identification.
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