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HIGH COURT LEGAL SERVICES COMMITTEE,

BENGALURU

BEFORE THE LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF SEPTEMBER, 2018

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE R DEVDAS

AND

SRI RACHAIAH, MEMBER

Miscellaneous First Appeal No.9622 of 2013 (MV)

Lok Adalat No.1684 of 2016

BETWEEN:

1.

Sri Bandenawaz

s/o Sri Haseen Sab

Aged about 42 years.

2.

Smt.Bejam

w/o Sri Bandenawaz

Aged about 40 years.

Both are presently

r/o.Bangalooraihna Circle

Soolikere Post, Kengeri Hobli

Bangalore South Tq. & Dist.

- 560 060.

Permanently r/a Ragal Parvi

Village, Sindanur Taluk

Raichur District – 584143.

… Appellants

(By Sri Nagaraja M, Advocate)

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AND:

1.

The National Insurance Co. Ltd.,

Unity Building Annexe

Mission Road, Bangalore-560027.

2.

Mr.Veerahanumaiah Govindappa

Badavane, SPG Colony, Magadi

Main Road, Tavarekere

Bangalore-560130.

… Respondents

(By Lex Plexus, Advocate for R1,

Notice to R2 D/W)

This MFA is filed under Section 173(1) of MV Act

against the judgment and award dated 19.7.2013 passed

in MVC No.5888/2011 on the file of the IX Additional

Small Causes Judge & XXXIV ACMM, Member MACT,

Court of Small Causes, Bangalore, partly allowing the

claim petition for compensation and seeking enhancement

of compensation.

This appeal coming on for conciliation this day,

R DEVDAS J., delivered the following:-

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.4,10,000/-/- (Rupees four lakhs ten

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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

apportionment

of

the

enhanced

compensation amount shall be made as per the ratio

adopted by the Tribunal. Out of the enhanced

compensation, 50% fallen to the shares of each of the

appellants – claimants shall be kept in fixed deposit in

their names in any nationalized/scheduled bank for a

period of three years with liberty to withdraw the interest

periodically. The remaining share of 50% each shall be

released in favour of the appellants – claimants, on proper

identification.

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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

Bkm.