HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. PRADEEP, MEMBER M.F.A.No. 2583/2016 (MV) (Lok Adalat No. 2118/2017) BETWEEN 1. Manjamma, Aged about 44 years, W/o Janakappa.
2. Janakappa @ Tandige Janakappa, Aged about 57 years.
Both are R/o Jedageri Village, Kasaba Hobli, Soraba Taluk, Shivamogga District-577 401. ... APPELLANTS (By Sri. Chidambara G.S., Advocate) AND 1. Smt. Sukalatha Shetty, Aged Major, W/o Thimmappa Shetty, R/o Near Water Tank, Gandhinagara, Sagar Town, Sagar Taluk, Shivamogga District-577 401.
2. The National Insurance Co. Ltd., Divisional Office, 1st Floor, S.S. Complex, B.H. Road, Shivamogga, Shivamogga District-577 201. ... RESPONDENTS (By Sri. B.C. Seetharama Rao, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2015 PASSED IN MVC NO. 163/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, SORABA, 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 claimants-appellants and the learned Counsel for the respondent – National Insurance Co. Ltd. along with its representative 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 lump sum of Rs. 4,92,000/- (Rupees Four Lakhs Ninety Two 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the 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 Rbv