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. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER M.F.A.No.71/2017 (MV) (Lok Adalat No.506/2019) BETWEEN 1. SRI. SHIVANNA, AGED ABOUT 43 YEARS S/O DAKHALAPPA @ DAKLAPPA, 2. SMT. HONNEMMA, AGED ABOUT 38 YEARS W/O. SHIVANNA, BOTH ARE R/AT HOSAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-572 001. ... APPELLANTS (BY SRI. D.R. BASAVARAJAPPA, ADVOCATE) AND 1. SRI. DODDA GURUJANARDHANA, AGED ABOUT 38 YEARS, (DRIVER), S/O. GANGAREDDI, R/AT 7TH CROSS, KAMILA ROAD, BELLARY TOWN, BELLARY DISTRICT-583 101.
2. SRI. S.H. SRIKANTAPPA, AGED ABOUT 85 YEARS, S/O. HANUMANTAPPA, R/AT 1ST MAIN, 2ND CROSS, BASAVESHWARA NAGAR, BELLARY TOWN, BELLARY DISTRICT-583 101.
3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., DAVANAGERE BRANCH, DAVANAGERE DISTRICT-577 001. ... RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS DISPENSED WITH V/O DATED 28/11/17) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.01.2016 PASSED IN MVC NO.677/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, CHANNAGIRI, 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 appellants-claimants and the learned Counsel for the Respondent – United India Insurance Co. Ltd., along with its representative 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 of Rs.1,00,000/- (Rupees One Lakh 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 entire enhanced compensation amount shall be released in favour of the appellants-claimants equally, 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY