HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 2063/2017 (MV) (Lok Adalat No. 4574/2017) BETWEEN:
1. Sri. Venkatachalam S/o Ashwathachari, Aged about 43 years.
2. Smt. Eshwaramma W/o Venkatachalam, Aged about 35 years.
Appellants No.1 & 2 are the parents of the Deceased Thejas, both are R/o Narasimha Pete, Chintamani Town-25. .. Appellants (By Sri. Jagadish G. Kumbar, Advocate) AND:
1. Sri. Narayana Swamy S/o Thippaiah, Age: Major, R/o Chikkabandragatta Village, Ganjigunte Post, Sidlaghatta Taluk, Chikkaballapur District-25, (Owner of the Tractor & Trailer bearing Reg.No.KA-40/T-8653-8654).
2. The Manager, The United India Insurance Company Ltd., P.B. No.16, SBLT Building, Polytechnic Road, Chintamani – 563 125, Chikkaballapura District, (Policy No.071502/47/2011/96/00002870 Valid from 24.1.2012 to 23.1.2013). .. Respondents (By Sri. Janardhan Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 26.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.06.2015 PASSED IN M.V.C. NO.16/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND MACT, CHINTHAMANI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-United India Insurance Company Ltd., along with its counsel 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 global compensation of Rs. 2,60,000/- (Rupees Two Lakhs Sixty Thousand 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 apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The compensation payable to the appellant Nos.1 and 2 shall be disbursed in their favour, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv