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 B.A. PATIL & SRI. VIJAYAKUMAR MAJAGE, MEMBER M.F.A.No. 4153/2017 (MV) (Lok Adalat No.2275/2018) BETWEEN 1. Smt. Sunitha Bhat, W/o Late Krishna Moorthy, Aged about 40 years, 2. Smt.Vasanthi, W/o Late P. Vadiraj Bhat, Aged about 80 years, Both are residing at Koyarkere House, Nadsal Village, Padubidri, Udupi-576 003.
(By Sri .G. Ravishankar Shastry, Advocate) ... Appellants AND 1. Mr. K. Ramananda Holla, Aged about 64 years, R/at 9th Cross, M.G. Road, Kodialbail, Mangaluru, D.K-575 003.
2. The Divisional Manager, United India Insurance Co. Ltd., Saldana Building, Bridge Road, Balmatta, Mangaluru, D.K-575 001.
(By Sri. Chetan B, Advocate for R1; Sri. S.V.Hegde Mulkhand for R2) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.06.2016 PASSED IN MVC NO. 1481/2013 ON THE FILE OF THE MACT AND II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants - claimants and the learned Counsel for the Respondent - United India 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.2,65,000/- (Rupees Two Lakh Sixty Five 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 as per the ratio adopted 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 ag