HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 2847/2014 (MV) (Lok Adalat No. 2866/2016) BETWEEN:
1. Bhagya @ Bhagyamma W/o Late Kumar, Aged about 39 years.
2. Ramya D/o Kumar, Aged about 18 years.
3. Rashmi D/o Kumar, Aged about 16 years.
4. Rashitha D/o Kumar, Aged about 12 years.
5. Giddamma W/o late Rangegowda, Aged about 71 years.
Appellants No.3 & 4 are minors, Reptd. by natural guardian Bhagya @ Bhagyamma.
All are r/o Veerapura Village, Salagame Hobli, Hassan Taluk. .. Appellants (By Sri. Shripad V. Shastri & Sri. K.V. Naik, Advocates) AND:
1. P. Ravi S/o Puttaswamy, No.7505, Madhar Mohalla, Hunusoor Taluk, Mysore District.
2. H.D.F.C. ERGO General Insurance Company Ltd., Divisional Manager, No.110, H.N. Janeva House, Cunningham Road, Bangalore – 52, By its Manager. .. Respondents (By Sri. O. Mahesh, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 29.01.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.12.2013 PASSED IN M.V.C. NO.245/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, HASSAN, 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 appellants and the representative of Respondent-HDFC ERGO Insurance Company Ltd., along with its counsel 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 global compensation of Rs. 2,75,000/- (Rupees Two Lakhs Seventy Five 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 in terms of the Judgment and Award passed by the Tribunal. The compensation payable to the minor claimants shall be kept in fixed deposit in their names in any Nationalized / Scheduled Bank till they reach the age of majority, to be renewed annually and the compensation payable to the other claimants shall be disbursed in their favour, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv