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 S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.9553/2018 (MV) (Lok Adalat No.1061/2019) BETWEEN:
1. SUNANDA W/O. LATE MANJUNATHA.K. AGED ABUT 36 YEARS 2. MONISHA D/O. LATE MANJUNATHA.K AGED ABOUT 18 YEARS 3. PUTTAMMA W/O. KARIYAPPA AGED ABOUT 71 YEARS THE ALL APPELLANTS ARE R/O. DOODERIKAVALU 1ST BLOCK, MATTANAVILE POST NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 201. ... APPELLANTS (BY SRI GIRISH B. BALADARE, ADVOCATE) AND:
1. THE MANAGER UNITED INDIA INSURANCE CO.LTD. RAGHAVENDRA COLONY B.H. ROAD, TIPTUR TALUK TUMKUR DISTRICT REPRESENTED BY:
UNITED INDIA INSURANCE CO.LTD. VENKATESHWARA BUILDING B.M. ROAD, HASSAN-573 201.
2. VIJAYA W/O. JAGADEESHA N.K. MAJOR, R/O. NUGGEHALLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 201.
3. NAGARAJA B.K. S/O. KEMPAIAH C/O. SHASHIKUMAR.H. HONNENAHALLI HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 201.
4. THE MANAGER NATIONAL INSURANCE CO. LTD. MANJUNATHESWARA COMPLEX OLD BUS STAND ROAD HASSAN-573 201. ... RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE FOR R1; NOTICE TO R2 TO 4 IS D/W V/O DTD:07.06.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2018 PASSED IN MVC NO.223/2017 ON THE FILE OF 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), 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 first Respondent – United India Insurance 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 lump-sum of Rs.3,20,000/- (Rupees Three Lakhs Twenty 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. Out of the enhanced compensation amount, appellant No.1 is entitled to the share of 50% and remaining 50% shall be apportioned to appellant Nos.2 and 3. Out of the share amount of appellants, 25% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellants- claimants for a period of three years and they are entitled to withdraw the accrued interest periodically and remaining 75% shall be released in their favour, 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 Sd/- MEMBER NR/-