HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.8808/2012(MV) (LOK ADALATH NO.5377/2017) BETWEEN:
1.SMT V SUJATHA W/O LATE C MADESHA @ MADESH, AGED ABOUT 24 YEARS, 2.KUM. M LAVANYA D/O LATE C MADESHA @ MADESH, AGED ABOUT 11 YEARS, 3.MAS M. PRAJWAL S/O LATE C MADESHA @ MADESH, AGED ABOUT 7 YEARS, (SINCE 2ND AND 3RD APPELLANTS ARE MINOR REP. BY NATURAL GUARDIAN THEIR MOTHER SMT. V SUJATHA) 4.SMT. SHIVAMMA W/O CHANDRASHEKAR AGED ABOUT 52 YEARS, ALL ARE R/AT NO. 271, NEAR BCR PUBLIC SCHOOL, CHIKKA BEGUR, BEGUR POST, BANGALORE-560068 (BY SRI.R KUMAR, ADVOCATE) AND:
1.THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD., NO.1 & 2, 2ND FLOOR, IST CROSS, SIDDAPURA, OPP. 9TH CROSS, WILSON GARDEN, HOSUR ROAD, BANGALORE-560027 2.MR. V SURESH S/O VENKATESH R/AT NO. 11036, CANARA BANK, BEGUR ROAD, BANGALORE-560058.
...APPELLANTS ...RESPONDENTS (BY SRI.B C SEETHARAMA RAO, ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.12.2011 PASSED IN MVC NO.3578/2010 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.4,80,000/- (Rupees Four Lakhs Eighty 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 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 as per the ratio adopted by the claims Tribunal.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER BSR