Karnataka High Court
Smt. Nagarathnamma N vs Rangegowda on 19 September, 2020
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE e-LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2020
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE B. VEERAPPA
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A.No. 8058/2017 (MV)
(Lok Adalat No. 1043/2020)
BETWEEN
1. Smt. Nagarathnamma N.
Aged about 33 years,
W/o Late Shivakumar.
2. Chi. Yashaswini S.
Aged about 15 years,
S/o Late Shivakumar.
3. Chi. Yashwanth S.
Aged about 11 years,
D/o Late Shivakumar.
Petitioners No.2 and 3 are
Minors and represented by their
Mother and natural
guardian, the 1st petitioner.
All are residing at
Tippusultan Road,
Ward No.2, Devanahalli
2
Town & Taluk,
Bengaluru Rural District-562 110. Appellants
(By Sri. R. Chandranna, Advocate)
AND
1. Rangegowda, Major,
S/o Annappagowda,
Residing at No.16, Yediyur
Village Panchayath,
Hassan District.
2. M/s. Shreeram General
Insurance Co. Ltd.,
By its Manager,
Office S.S. 2nd Floor,
Monarch Chamber,
Infantry Road,
Bengaluru - 560 001. ... Respondents
(By Sri. B.C. Shivanne Gowda, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.06.2017 PASSED IN MVC NO. 68/2016 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, DEVANAHALLI, BANGALORE RURAL DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE e-LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3
CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present through video conferencing. The learned Counsel appearing for the second Respondent - Shriram General Insurance Company Limited, along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- Insurance Company has agreed to pay a lump-sum of Rs.6,70,000/- (Rupees Six Lakhs Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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
4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed 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 Rbv*