HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 3041/2014 (MV) (Lok Adalat No. 1816/2016) BETWEEN Bharathkumar S/o Hema Reddy, Aged about 11 years, Student, Minor, Rep. by his next friend and Natural guardian i.e. father Hema Reddy S/o Hanumantha Reddy, Aged about 41 years, Agriculturist, R/o Karikere, Now R/o Kyadigere, Chitradurga Tq. and Dist.-577 501. ... APPELLANT (By Sri. Spoorthy Hegde N., Advocate) AND 1. The Royal Sundaram General Insurance Co. Ltd., By its Manager, Sundaram Towers, 45 and 46, Whites Road, Chennai – 600 002.
2. H.G. Chandramouli S/o H. Gurubasappa, Owner of Bus KA-16/B-0757, R/o Church Road, Kelagote, Chitradurga. ... RESPONDENTS (By Sri. O. Mahesh, Advocate for R-1, Notice to R-2– d/w v.c.o. dated 14.06.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2014 PASSED IN MVC NO. 90/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT-V, 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 – Royal Sundaram General 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. 70,000/- (Rupees Seventy 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 of Rs.70,000/-, 50% compensation shall be deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank till she attains the age of majority with liberty to minor guardian to withdraw the interest periodically. The remaining 50% compensation shall be released in favour of the minor 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