HIGH 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. 9086/2013 (MV) (Lok Adalat No. 2478/2017) BETWEEN 1. Chetan S/o Lokesh, Aged about 16 years.
2. Darshan S/o Lokesh, Aged about 12 years.
3. Renukamma W/o Lokesh, Aged about 33 years.
4. Jayamma W/o Mallappa, Aged about 56 years.
5. Mallappa S/o Kalaiah, Aged about 58 years.
Appellant Nos.1 and 2 are minors, Rep. by their natural guardian and Mother – appellant No.3 herein.
All are r/o K. Gollarahatti, Kolagunda Post, Javagal Hobli, Arasikere Taluk – 573 101, Hassan Dist. ... APPELLANTS (By Sri. Jagadeesh H.T., Advocate) AND 1. H.C. Shreedhar S/o Chikkaiah, Aged about 34 years, Driver of Autorickshaw bearing Reg. No.KA-18/A-3669, R/o 1st Cross, Hiremagalur, Chickmagalur Town-577 101.
2. Puttaraju S/o Chikkaiah, Aged about 30 years, Owner of Autorickshaw bearing Reg.No.KA-18/A-3669, R/o Tinker Babu, Garage Road, Nehru Road, Chickmagalur-577 101.
3. Manager, United India Insurance Co. Ltd., Venkateshwara Building, B.M. Road, Hassan – 573 201. ... RESPONDENTS (By Sri. L. Sreekanta Rao, Advocate for R-3, Notice to R-1 – d/w v.c.o. dated 06.06.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2013 PASSED IN MVC NO. 537/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, ARASIKERE, 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 claimants-appellants and the learned Counsel for the respondent – United India Insurance Co. Ltd. along with its representative 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 lump sum of Rs. 7,50,000/- (Rupees Seven Lakhs 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. The apportionment of the enhanced compensation amount shall be made in accordance with the Judgment and Award passed by the learned Tribunal. The compensation payable to Chetan and Darshan – appellant Nos.1 and 2 shall be deposited in fixed deposit in their names in any Nationalized / Scheduled Bank for a period of five years and shall be renewed annually. The remaining compensation shall be apportioned between the appellant Nos.3, 4 and 5 in accordance with the directions issued by the learned Tribunal in the Award and the said amount shall be released to the appellant Nos.3, 4 and 5, 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