HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 4466/2016 (MV) (Lok Adalat No. 98/2017) BETWEEN 1. Thayamma W/o Late Kempegowda, Aged 57 years.
2. Yogesh Y.K.
S/o Late Kempegowda, Aged 35 years.
Both are R/o D. No.60, Yelechakanahalli Village, Mandya Tq. & District – 571 409.
3. Naveena D/o Late Kempegowda, W/o Kempegowda T.D., Aged about 36 years, R/o Tadagavadi Village, Arakere Hobli, Srirangapatna Tq., Mandya District-571 439.
4. Shobha D/o Late Kempegowda, Aged about 28 years, R/o Alagudu Village, Arekere Hobli, Srirangapatna Taluk, Mandya District – 571 438. ... APPELLANTS (By Sri. M.Y. Sreenivasan, Advocate) AND 1. Parvathesh Bhatt S/o Shankarnarayana Bhatt, Major, R/o D. No.121, 9th Cross, Krishnaraj Layout, J.P. Nagar 6th Phase, Bangalore – 560 043.
2. The Manager, Royal Sundaram General Insurance Co. Ltd., Raghavendra Complex, Ground Floor, No.186/7, 1st Cross, Hosuru Main Road, Wilson Garden, (Under Sundaram Finance Limited), Bangalore – 570 031. ... RESPONDENTS (By Sri. Ravi S. Samprathi, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 05.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2016 PASSED IN MVC NO. 131/2015 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 – Royal Sundaram General 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. 1,30,000/- (Rupees One Lakh Thirty 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 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