HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 2035/2015 (MV) (Lok Adalat No. 2029/2019) BETWEEN Asha D/o Sri Kadiregowda, Aged about 14 years, Since minor rep. by her Mother Jayamma as natural Guardian, aged about 40 years, R/at. Mudigerepalya, Gubbi Taluk, Tumkur District, Presently R/at. No.16, Parvathinagara, Laggere, Bangalore – 5600. ... Appellant (By Sri Vasanthappa, Advocate) AND 1. Smt. G. Arathi, W/o G. Nagabhushan, Maruthi Travels, Durga Road, Madhugiri Taluk, Tumkur District – 572 101.
2. The Reliance Gen. Ins. Co. Ltd., No.4/3-1 and 3/2m, 11th Main, 3rd Block, Jayanagara, Bangalore – 560 061. ... Respondents (By Sri H.C.Betsur, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.09.2014 PASSED IN MVC NO.5011/2013 ON THE FILE OF THE XII ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING 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 Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Reliance 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 appellant (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 appellant-claimant has agreed to receive and the Second respondent-insurance company has agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty 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. Since the appellant is minor, the entire enhanced compensation amount shall be kept in Fixed Deposit in any nationalized/scheduled Bank in the name of the minor appellant till she attains the age of majority with a liberty to the guardian of the appellant to draw the accrued interest periodically.
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 Mkm* Sd/- MEMBER