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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.8543/2016 (MV) (Lok Adalat No.2161/2019) BETWEEN:
1. Smt.Suvarnamma, W/o Shivalingaiah, Aged about 52 years, 2. Druvaranjan, S/o Shivalingaiah, Aged about 32 years, 3. Divya, D/o Shivalingaiah, Aged about 29 years All are r/at Mauvanahalli Village, Bagoor Hobli, Channarayapatna Taluk, Hassan District-573 201. … Appellants (By Sri Vedhu Kumar.Y.S, Advocate) AND:
1. Mruthyaunjaya, S/o Manjegowda, Haro Somanahalli Village, Attihalli Post, Nuggehalli Hobli, Channarayapatna Taluk, Hassan District-573 201.
2. The New India Assurance Co. Ltd., Harsha Mahal Road, Hassan City, Hassan District-573 201.
(By Sri M.P.Srikanth, Advocate for R2) … Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2014 PASSED IN MVC NO.1008/2013 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND ADDITIONAL MACT., 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 second Respondent - New India Assurance 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.5,00,000/- (Rupees Five Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 Rs.5,00,000/-, 50% shall be released in favour of the first appellant-wife and the remaining amount shall be released equally amongst appellant Nos.2 and 3, 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 HB/-