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 JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 7850/2015 (MV) (Lok Adalat No.369/19) BETWEEN 1. SMT VANAJA W/O NITHYANANDA DEVADIGA AGED ABOUT 31 YEARS 2. SRI NITHYANANDA DEVADIGA S/O PRAKASH DEVADIGA AGED ABOUT 33 YEARS BOTH ARE RESIDING AT D.NO. 5/11, SULASI HOSPITAL MANE SHRI GURUKRIPA, KATBELTHUR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT.
(BY SRI K. PRASANNA SHETTY - ADVOCATE) AND 1. SRI SACHIDANANDA CHATRA S/O GOVINDA CHATRA MAJOR IN AGE R/AT DURGAMBA MAIN ROAD KUNDAPURA, UDUPI DISTRICT-576 201.
... APPELLANTS 2. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE: UDUPI-576101. REP. BY ITS DIVISIONAL MANAGER.
... RESPONDENTS (BY SRI K. N. SRINVASA, ADV. FOR R.2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.07.2015 PASSED IN MVC NO. 536/2014 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL M.A.C.T., KUNDAPURA, 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 Appellants/Claimants and the learned Counsel for the respondent–Oriental 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.1,25,000/- (Rupees One Lakh 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 entire enhanced compensation amount shall be released in favour of the appellants-claimants as per the ratio adopted by the claims 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 KPS