HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT H.R. RENUKA, MEMBER M.F.A.No. 8281/2014 (MV) (Lok Adalat No. 51/2016) BETWEEN 1. U.B.Marappa S/o Shesappa Poojary, Aged about 69 years, 2. Smt. Lakshmi W/o U.B.Marappa, Aged about 56 years, 3. Smt. Babitha D/o U.B.Marappa, Aged about 25 years, All are residing at Ombathukere, Chennayyaragudde, Ullala, Mangalore Taluk. ... Appellants (By Sri Karunakar P., Advocate) AND 1. Mr. S. Jayachandra, S/o Late Ayyappa, Aged about 45 years, M/s Susmitha Travels, Cifa Apartment Flat No.C- 1st Floor, Mangala Devi, Mangalore Taluk – 575001.
2. The Branch Manager, Royal Sundaram Alliance Ins. Co. Ltd., Sundarama Towers, 45 and 46, Whites Road, Chennai – 600001.
3. Mr. Lohith S/o Keshava Aged about 25 years, Electrician, Kannirthota, Babitha Compound, Kolya, Kotekar Village, Mangalore – 575001. ... Respondents (By Sri Ravi S.Samprathi, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.12.2013 PASSED IN MVC NO. 1583/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT, MANGALORE, D.K., 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 Alliance Insurance Company Limited 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 of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal and the compensation payable to the appellant Nos.1 to 3 shall be disbursed in their favour, 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 Mkm