HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 9026/2017 (MV) (Lok Adalat No. 2047/2018) BETWEEN:
1. Smt. B.R.Bharathi W/o. Late G. S. Umesh, Aged about 38 years.
2. Varshitha G. U D/o. Late G. S. Umesh, Aged about 17 years.
3. Sanketh S/o. Late G. S. Umesh, Aged about 13 years.
Since appellant Nos.2 and 3 are minors, Rep. by their natural guardian and mother Smt. B.R.Bharathi.
4th petitioner Shivananjappa died during pendency of the claim petition.
All are R/at. Thimmalapura, Gudigondanahalli Post, Tiptur Taluk – 572 217 Tumakuru District. ... Appellants (By Sri. M. R. Kumaraswamy, Advocate) AND:
1. Apsarkhan S/o. Mahiddinkhan, Aged about 26 years, R/a # 1294, 5th Main Tiptur Taluk-572 201 Tumakuru District. (owner of the TATA 407 bearing Reg. No. KA-36-5340) 2. Shriram General Insurance Company Limited, E-8, EPIR, RIICO Sitapur, Jaipur, Rajasthan-302 022.
Rep. by its Regional office:
Shriram General Insurance Company Limited, #15, II floor, Monarch Chamber, Infantry Road, Opp. Infantry Function Hall, Bengaluru-560 001 (Insurer of the Tata 407 bearing Reg. No. KA-36-5340). ... Respondents (By Sri. H. N. Keshava Prashanth, Advocate for R.2) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2017 PASSED IN MVC NO.630/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T.- XIV, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellants - claimants and the learned Counsel for the respondent – Shriram General Insurance Company Limited 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. 2,20,000/- (Rupees Two Lakh Twenty 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 claims Tribunal. However, the apportioned share amount of appellant No.1 shall be released in her favour, on proper identification. Since the appellant Nos.2 and 3 are minors, their entire share amount shall be kept in fixed deposit in any nationalized/scheduled bank in their name till they attain the age of majority with a liberty to natural guardian, appellant No.1 to draw the 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 Sd/- MEMBER KG