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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.7478/2015 (MV) (Lok Adalat No.2257/2019) BETWEEN 1. SRI SHIVARAMU S/O LATE SIDDEGOWDA AGED ABOUT 42 YEARS 2. SMT JAYAMMA W/O SHIVARAMU AGED ABOUT 35 YEARS 3. SURENDRA N.S. S/O SHIVARAMU AGED ABOUT 18 YEARS ALL ARE RESIDING AT MAKALLI HOSAHALLI VILLAGE MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT ... APPELLANTS (BY SRI GOPALKRISHNA N., & JAGADISH G., ADVOCATES) AND 1. SRI SHIVANNA S/O SIDDEGOWDA MAJOR IN AGE R/AT MUDUGERE VILLAGE MALUR HOBLI, MUDUGERE POST CHANNAPATNA TALUK RAMANAGARA DISTRICT 2. THE NATIONAL INSURANCE CO. LTD., BANGALORE 8TH DIVISION 1ST FLOOR, 9TH FOOD WORLD LINGARAJU COMPLEX GANDHIBAZAR MAIN ROAD BASAVANAGUDI BANGALORE – 560 004 REP. BY ITS MANAGER ... RESPONDENTS (BY SRI JANARDHAN REDDY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 22.06.2015 PASSED IN MVC NO.123/2013 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC & ADDITIONAL MACT, CHANNAPATNA, 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 second respondent – National 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.5,25,000/- (Rupees Five Lakhs Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 as per the judgment and award passed by the Claims Tribunal, 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 stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KLV