89HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 2953/2015 (MV) (Lok Adalat No. 1789/2017) BETWEEN B.R. Mohan S/o H. Rajappa, Aged about 15 years, Since minor represented by his Father Sri. H. Rajappa S/o Hanumappa @ Giddappa, Aged about 58 years, Residing at Siddapura, Chitradurga Taluk & Dist.-577 501. ... APPELLANT (By Sri. B.M. Siddappa, Advocate) AND 1. Sri. B.M. Prasanna S/o Mruthunjayappa, Age: Major, Owner of Autorikshaw bearing No.KA-16/8943, Residing at Siddapur, Bheemasamudra Marg, Chitradurga Taluk and Dist.-577 501.
2. The Branch Manager, Division Office, National Insurance Co. Ltd., No.94, B.M. Complex, Laxmi Bazar, Chitradurga-577 501. ... RESPONDENTS (By Sri. Puttige R. Ramesh, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 03.03.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.06.2009 PASSED IN MVC NO. 34/2007 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR. DVN.) AND ADDL. MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – National Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 96,000/- (Rupees Ninety Six 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 out of the enhanced compensation amount, 50% shall be deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank to be renewed annually, till he reaches the age of majority with liberty to the minor guardian to withdraw the interest periodically and remaining 50% compensation shall be released in favour of the guardian 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