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.2864/2017 (MV) (Lok Adalat No.2146/2019) BETWEEN:
1. SRI SUBRAYAPPA, S/O.NARASAPPA, AGED ABOUT 72 YEARS, 2. SMT.JAYAMMA, W/O.SUBRAYAPPA, AGED ABOUT 64 YEARS, 3. S.VARUN, S/O.S.SURESH, AGED ABOUT 12 YEARS, SINCE A3 IS MINOR AND HIS M/G GRAND FATHER SUBRAYAPPA-A1.
ALL ARE RESIDING AT NO.54, TARABANAHALLI VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH-560 090.
… APPELLANTS (BY SRI K.T.GURUDEV PRASAD, ADVOCATE) AND:
1. NEW INDIA ASSURANCE CO. LTD., REIGONAL OFFICE, UNITY BUILDING ANNEXE, MISSION ROAD, BANGALORE-560 001.
BY ITS MANAGER.
2. SMT.USHA SUBRAMANYA , MAJOR, W/O.M.V.SUBRAMANYA, PROPRIETOR,, SRI UDAYA RANGA MOTOR SERVICE MALAVALLI, MANDYA DISTRICT-571 401.
… RESPONDENTS (BY SRI C.R.RAVISHANKAR, ADVOCATE FOR R1) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.12.2016 PASSED IN MVC NO.3347/2015 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU.
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 first 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 first respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.9,50,000/- (Rupees Nine Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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 Judgment and Award passed 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 HB/-