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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 10 TH DAY OF JUNE, 2017

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND SMT. PRABHA MURTHY, CONCILIATOR

MISCELLANEOUS FIRST APPEAL No. 5019/2015 LOK ADALAT NO. 1135/2017

BETWEEN:

1. SMT. CHANDRAMMA, W/O LATE CHANDRAPPA, AGED ABOUT 47 YEAR, HOUSE WIFE,

2. A. C. SHWETHA, D/O LATE CHANDRAPPA, AGED ABOUT 24 YEARS,

3. A. C. SHASHIKALA, D/O LATE CHANDRAPPA, AGED ABOUT 22 YEARS,

4. A. C. JANARDHANA, S/O LATE CHANDRAPPA, AGED ABOUT 20 YEARS,

APPELLANTS 1 TO 4 ARE R/O AGRAHARA VILLAGE, HOBLI, KADUR TALUK, CHIKMAGALURE DISTRICT. … APPELLANTS

(BY SRI. S. VISWESWARIAH, ADV.)

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AND:

1. CHANDREGOWDA, S/O SOMEGOWDA M. B., AGED ABOUT 41 YEARS, R/O RAMADEVARAHALLI, TALUK, DRIVER OF TIPPER LORRY BEARING REGISTRATION NO. KA-18/A-3789, D. L. KA-18/19960001728 VALID UPTO 25-10-2013.

2. H. B. SUDARSHAN, S/O H. A. BYREGOWDA, AGED ABOUT 42 YEARS, R/O KABBINASETHUVE, POST, CHIKMAGALUR TALUK, OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KA-18/A-3789,

3. THE MANAGER, NATIONAL INSURANCE CO. LTD., YASHORAM CHAMBERS, RATHNAGIRI ROAD, CHIKMAGALUR - 577 101. POLICY NO. 604901/31/12/ 6300006960, VALID FROM 10-02-2013 TO 09-02-2014 … RESPONDENTS

(BY SRI. SHOWRI H. R., ADV. FOR R-2 SRI. K. SRIDHARA, ADV. FOR R-3 NOTICE ISSUED TO R-1.)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.11.2014 PASSED IN MVC NO.724/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA HAVING BEEN REFERRED TO LOK ADALATH FOR SETTLEMENT, COMING ON FOR ORDERS THIS DAY, K.N. PHANEENDRA, J . MADE THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellants and the representative of the Respondent–Insurance Company along with its counsel are present.

2. This is claimants’ appeal as against the Judgment and Award passed by the Tribunal. By mutual consent, a sum of Rs.4,10,000/- (Rupees Four Lakhs Ten Thousand only), is awarded in addition to the amount 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 shall deposit the said amount before the Tribunal, within Six weeks from the date of preparation of the 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.

On deposit, the entire enhanced amount is ordered to be apportioned, released/deposited in favour of the

4 claimants/appellants, as per the terms of the order of the

Tribunal.

4. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The award of the Tribunal shall stand modified accordingly.

Sd/- JUDGE

Sd/- CONCILIATOR

KGR*