HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI. A.K. BHAT, MEMBER M.F.A.No.8583/2016 (MV) (Lok Adalat No.929/2018) BETWEEN Baby Prakruthi, D/o Krishnappa, Aged about 4 years, R/at Door No.3-9-700/1, Eden Club Road, Nanthoor Mangaluru.
Appellant is minor, hence Rep. by her next friend and guardian mother Mrs. Bharathi, W/o Krishnappa, Aged about 31 years, R/at Door No.3-9-700/1, Eden Club Road, Nanthoor, Mangaluru Taluk, D.K - 575 008. ... Appellant (By Sri. G. Ravishankar Shastry, Advocate) AND 1. Mr. Guarav G. Naidu, S/o K.N. Guruprasad, R/at Flat No.101, Gulabi, Sripad Enclave, PVS Kalakunja Road, Kodialbail, Mangaluru Taluk, D.K. District - 575 003.
2. The Divisional Manager, National Insurance Co. Ltd., Bharat Building, P.M. Rao Road, Mangaluru, D.K. District - 575 003. …Respondents (By Sri. A.M. Venkatesh, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN MVC NO.811/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, MACT, MANGALURU, D.K., 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 Appellant - Claimant and the learned Counsel for the Respondent - National Insurance Company Limited 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.2,50,000/- (Rupees Two Lakh Fifty 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. Out of the enhanced compensation amount, 50% amount shall be released in favour of the guardian of the minor appellant, on proper identification and remaining 50% 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 guardian of the appellant to withdraw 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 Sd/- MEMBER LL