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 SHRI. JUSTICE L. NARAYANA SWAMY & SRI. K.B. NAIK, MEMBER M.F.A.No.1583/2019 (MV) (Lok Adalat No.2089/2019) BETWEEN 1. Sri. Shivarama Achar, S/o Late Kusta Achary, Aged about 67 years, R/of Kupparu, Shankaranarayana Village & Post, Kundapura Taluk.
2. Smt. Rathna, W/o Shivarama Acharya, Aged about 57 years, R/of Kupparu, Shankaranarayana Village & Post, Kundapura Taluk.
3. Smt. Nethravathi, D/o Shivarama Acharya, Aged about 29 years, R/of Kupparu, Shankaranarayana Village & Post, Kundapura Taluk. ... Appellants (By Sri. Ravishankar S, Advocate) AND 1. Sri. Manjunatha Achary, S/o Babu Achary, Now aged about 47 years, R/of Girija Nilaya, Karebailu, Shankaranarayana Village, Kundapura Taluk.
2. Sri. Prathviraj Achar, S/o Shivaram Achar, R/of Belve Village and Post, Kundapura Taluk.
3. The Oriental Insurance Co. Ltd., Rep. by its Branch Manager, Branch Office, Udupi, Udupi Taluk & District. …Respondents (By Sri. K. Suresh, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2018 PASSED IN MVC NO.643/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA AND MEMBER, ADDL. MACT, KUNDAPURA, 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 appearing for the Appellants - Claimants and the learned Counsel appearing for the third Respondent - Oriental Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the third Respondent - Insurance Company and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the third Respondent - Insurance Company has agreed to pay a lump-sum of Rs.2,00,000/- (Rupees Two Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 as per the ratio adopted by the Claims Tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER LL