HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.5373/2017 (LOK ADALATH NO.6980/2017) BETWEEN:
1. SUJATHA W/O LATE. PUTTARAJU, AGED ABOUT 33 YEARS 2. CHANDANA S/O LATE PUTTARAJU, AGED ABOUT 11 YEARS 3. YESHWANTH S/O LATE. PUTTARAJU, AGED ABOUT 9 YEARS 4. DODDA THAMMAIAH S/O. KUNNAIAH, AGED ABOUT 56 YEARS 5. EARAMMA W/O. DODDA THAMMAIAH,. AGED ABOUT 51 YEARS (APPELLANT NOS. 2 & 3 ARE MINORS REPTD. BY THEIR GUARDIAN MOTHER 1ST APPELLANT) ALL ARE R/AT HOSUR VILLAGE, KIRAGADALU POST, ALUR TALUK ... APPELLANTS (BY SMT : KAVITHA H C, ADV.) AND:
1. NANJEGOWDA S/O. DYAVEGOWDA, HOUSE NO. 105/2, SINGAPURA VILLAGE AND POST, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT – 573 201 (OWNER OF MAXICAB BEARING REGISTRATION NO:KA-11.B.-8757) 2. MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, KRUTIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN – 573 201 ... RESPONDENTS (BY SRI.ASHOK N.PATIL, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.04.2016 PASSED IN MVC NO.1546/2011 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, & ADDITIONAL MACT, HASSAN, MODIFYING THE ORDER DT.02.07.12 FOR COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 13.12.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant-claimants and the learned counsel for the Insurance Company along with its representatives are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.3,45,000/- (Rupees three lakh forty five thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly. Apportionment of the enhanced amount shall be as per the order of the Tribunal.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER lnn