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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.7585/2016 (MV) (Lok Adalat No.5168/2017) BETWEEN:
1. Sri Sripad Hegade, S/o Late Chidambara Hegde, Aged about 53 years, Occ: Employee in LIC of Indis, R/o Sri Guru Nilaya, 3rd Cross, A Block, S.S.Layout, Shabanur Road, Davanagere.
2. Sri Sridhara Bhat, S/o Late Chidambara, Aged about 57 years, Occ: Employee in Postal Department, Resident Hulikal Road, Sirsi, Uttara Kannada District. (By Sri H.R.Hiremath, Advocate) AND:
1. Sri Srinivasa, S/o Venkateshalu, Aged about 50 years, Driver of the Car bearing No. TP.Reg.AP-21/ULTR-7617, R/o D.No.10/77(a), Meda Street, Kalyanadurga Taluk, Ananthapura District, Andhrapradesh State.
2. Smt. Savithramma, W/o C.Anjaneyalu, Owner of the Car bearing No. TP.Reg.AP-21/ULTR-7617 (Chevrolet), R/o D.No.9C-325(A), Revenue Colony, Kalyanadurga Taluk, Ananthapura District, Andhrapradesh State.
3. The Divisional Manager, New India Assurance Co. Ltd., Divisional Office, AM Arcade, 2nd Floor, C.G.Hospital Road, Near Vidyarthi Bhavan Circle, Davanagere-577 001.
(By Sri C.R.Ravishankar, Advocate for R3) ... Appellants ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.05.2016 PASSED IN MVC NO.843/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & V MACT, DAVANAGERE, 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 - New India Assurance 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 global compensation of Rs.70,000/- (Rupees Seventy Thousand 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 entire enhanced compensation amount shall be released in favour of the appellant – claimant, 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 HB/-
SD/- MEMBER