1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 317/2016 (MV) (Lok Adalat No. 2877/2023) BETWEEN 1. Janaki Nairthi, Aged about 58 years, W/o Subbaiah Nairy. 2. Umesh Nairy Aged about 30 years, S/o Janaki Nairthi. All are residing at Padumane, Kirimanjeshwara Village, Kundapura Taluk-576 101. … Appellants. (BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. Ershad, Aged about 22 years, S/o Abdul Rahaman, R/o Mayyadi, Jumma Mazid, Hosanagar, Shimoga District-574 501. 2. Mohammed Ali, Aged about 44 years, S/o Abbas Saheb, R/o Managing Partner, Vobilaye, Hemmady, Kundapura Taluk-576 201. 2 3. The Oriental Insurance Company Ltd., Masthi Tower, Masthikatte, Main Road, Kundapura, Udupi District-576 101. …Respondents (BY SRI. P.B. RAJU, ADVOCATE FOR R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2015 PASSED IN MVC NO.678/2012 ON THE FILE OF THE ADDL. DISTRICT & SESSIONS JUDGE AND ADDL. MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company 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/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.9,00,000/- (Rupees 3 Nine Lakhs only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 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. There are two claimants in the above appeal and if the enhanced compensation amount is divided amongst the claimants equally, the compensation will be on the lesser. Hence, the entire shares of appellants – claimants shall be released in their favour, on proper identification. 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