HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.3017/2012 (MV) (LOK ADALATH NO.5086/2017) BETWEEN:
1. CHANDRAMMA @ CHANDRAKALA W/O LATE SURESH AGED ABOUT 28 YEARS, 2. RANJITHA D/O LATE SURESH AGED ABOUT 13 YEARS, 3. NINGAMMA W/O SHIVALINGAPPA, AGED ABOUT 54 YEARS, SINCE THE 2ND APPELLANT IS MINOR & SHE IS REPRESENTED BY HER NATURALGUARDIAN MOTHER 1ST APPELLANT AND ALL ARE RESIDENT OF YACHANAGHATTA VILLAGE, NUGGEHALLI HOBLI, C.R.PATNA TALUK & NOW ALL ARE RESIDING AT MARANAGERE, TIPTUR TOWN & TALUK, TUMKUR DISTRICT.
... APPELLANTS (BY SRI N. D. JAYADEVAPPA, ADVOCATE) AND:
1. THE ORIENTAL INSURANCE CO., LTD., SRI. TEJA COMPLEX, D.NO.2.2.9/4, RAICHUR ROAD, MAHABOOB NAGAR 509 001, ANDRA PRADESH STATE REPRESENTED BY ITS MANAGER, ORIENTAL INSURANCE CO.LTD., 1ST FLOOR, JAYADEVA COMPLEX, B. H. ROAD, TIPTUR TOWN AND TALUK, TUMKUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER.
2. VENKATESHWARA REDDY, S/O J. BALAREDDY, AGED ABOUT 54 YEARS, R/AT HOUSE NO.36, NEAR JUNIOR COLLEGE, ATHMAKUR POST, ATHMAKUR, MAHABOOB NAGAR DISTRICT-509 001.
... RESPONDENTS (BY SRI C SHANKARA REDDY, ADVOCATE FOR R1) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.1.2012 PASSED IN MVC NO.1614/2008 ON THE FILE OF SENIOR CIVIL JUDGE & ADDITIONAL MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company 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 lumpsum of Rs.2,65,000/- (Rupees Two Lakhs Sixty 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% Per annum from the date of default, till the date of deposit.
4. Out of the enhanced compensation, Rs.65,000/- shall be deposited in the name of appellant No.2, who is minor in any Nationalised Bank for a period of five years with liberty to appellant No.1 to withdraw the periodical interest as and when it accrues. The balance amount of Rs.2,00,000/- shall be released in favour of the appellants in terms of the apportionment made by the Tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-