HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE BEFORE THE LOK ADALAT

IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 29 th DAY OF OCTOBER, 2014

CONCILIATORS PRESENT:

HON’BLE MR. JUSTICE B.MANOHAR AND SRI M.U.POONACHA, MEMBER

Miscellaneous First Appeal No.10577/2011 (Lok Adalat No.2271/2013) BETWEEN

1. SRI SUNDARA K AGED 41 YEARS, S/O SRI. MUTHAPPA,

2. CHI. KISHAN AGED 15 YEARS, MINOR, S/O SRI SUNDARA K

3. KUM. KRITHIKA AGED 12 YEARS, MINOR, D/O SRI SUNDARA K

APPELLANTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND FATHER SRI SUNDARA K ALL ARE R/O MUTHOTTU HOUSE, HOSABETTU POST, KULAI, TALUK, D.K ... APPELLANTS (By Sri : PUNDIKAI ISHWARA BHAT, ADVOCATE)

AND

1. SRI KRISHNAPPA S/O SRI GUDDAPPA, MAJOR, R/O NO.19-10-675, B.R. KARKERA ROAD, OLD KENT ROAD, , D.K

2. THE NEW INDIA ASSURANCE COMPANY LTD 2ND FLOOR, CENTENARY BUILDING, GHS ROAD, MANGALORE. D.K 2

REPRESENTED BY ITS BRANCH MANAGER ... RESPONDENTS (By Sri : M S MANDANNA, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.6.2011 PASSED IN MVC NO.1258/2008 ON THE FILE OF MEMBER, MACT-III & II ADDITIONAL DISTRICT JUDGE, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIAITION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DTD.14.11.2013, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company 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.2,54,000/- (Rupees Two lakh fifty four 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 3 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. 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 DKB