HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SMT. H.R. RENUKA, MEMBER M.F.A.No. 2868/2015 (MV) (Lok Adalat No. 791/2017) BETWEEN:
1. Smt. Susheela W/o Late Amrutha, D/o Late Chowdegowda, Aged about 32 years.
2. Yashvanth S/o Late Amrutha, Aged about 16 years.
3. Sushmitha D/o Late Amrutha, Aged about 11 years.
Appellants No.2 and 3 are minors, Represented by their guardian Mother Smt. Susheela.
4. Smt. Ningamma W/o Late Dyavegowda @ Nathappa, Aged about 78 years.
All are residing at Kyathumbere Village, Mandya Taluk and District-571 401. ... APPELLANTS (By Smt. Bhushani Kumar, Advocate) AND 1. Shivakumar S/o Mudde Gowda, Major in age, R/at No.4, Alakere Village, Keelara Post, Keragodu Hobli, Mandya Taluk, Mandya District- 571 401.
2. The Branch Manager, United India Insurance Co. Ltd., No.119/B, M.C. Road, Mandya – 571 401. ... RESPONDENTS (By Sri. B.A. Ramakrishna, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 12.08.2015) MFA FILED U/S 173 (1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.01.2014 PASSED IN M.V.C. NO. 846/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND CJM AND MACT, MANDYA, 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 – 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. 4,25,000/- (Rupees Four Lakhs Twenty 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 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 Rbv Sd/- MEMBER