HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 10381/2013 (MV) (Lok Adalat No. 3042/2017) BETWEEN 1. Mrs. Theertha Baghya W/o Late Marisidhaiah, Aged about 58 years.
2. Mr. M. Jaganath @ Jaganath S/o Late Marisidhaiah, Aged about 38 years.
3. Mrs. M. Roopashree D/o Late Marisidhaiah, Aged about 29 years.
All are residing at Sri. Byraveshwara Nilaya, Alkurke Road, Govinapura Layout, Tiptur, Tumkur District – 577 216. ... APPELLANTS (By Sri. K.N. Harish Babu, Advocate) AND:
1. Mr. Dhanajaya S/o Sri. Boraiah, Bachihally, C.N. Halli Taluk, Tumkur District – 577 216.
2. The Regional Manager, United India Insurance Co. Ltd., Regional Office, No.25, 1st Floor, Shankar Narayan Building, M.G. Road, Bangalore – 560 001.
3. Mr. Nanjundappa S/o Mr. Kariyappa, R/at Byatappanapalya, Gubbi Taluk, Tumkur District-577 216.
4. Mr. Bhuvanesh S/o Mr. Veerabhadraiah, R/at Gurugondahalli, Tiptur Taluk, Tumkur District – 577 216.
5. The Regional Manager, United India Insurance Co. Ltd., Regional Office, No.25, 1st Floor, Shankar Narayan Building, M.G. Road, Bangalore-01.
6. Mr. M.T. Ramachandra S/o not known, aged in major, C/o Administrative Medical Officer, General Hospital, Tiptur, Tumkur District – 577 216, (Driver of the Ambulance).
7. Administrative Officer, General Hospital, Tiptur, Tumkur District – 577 216, (RC Owner of the Ambulance).
8. Karnataka Government Insurance Department, Motor Branch, Visveshwaraiah Tower, Bangalore – 560 001, (Insurer of the Ambulance). ... RESPONDENTS (By Sri. B.C. Seetharama Rao, Advocate for R-2 & R-5, HCGP for R-8, Notice to R-3 & R-4 – d/w v.c.o. dated 18.03.2015) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.07.2012 PASSED IN MVC NO. 8223/2007 ON THE FILE OF THE X ADDL. JUDGE & MEMBER, MACT-16, BANGALORE CITY, 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 global sum of Rs. 2,00,000/- (Rupees Two Lakhs 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 disbursement of the enhanced compensation amount shall be made in accordance with 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