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 B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 10881/2010 (MV) (Lok Adalat No. 4632/2017) BETWEEN:
1. Chethana Kishore, 35 years, W/o Late B. Nanda Kishore.
2. Baby B. Janavi Kishore, 5 years, D/o Late B. Nanda Kishore.
Both are R/at NTTF-SIT, Electrical Block, 1st Floor, SIT Campus, Tumkur – 572 103.
Since the second appellant is minor Represented by her mother/natural Guardian, the first appellant. .. Appellants (By Sri. R. Chandrashekar, Advocate) AND:
1. The Regional Manager, The New India Assurance Company Ltd., Regional Office, No.2-B, Unity Building, Annexe, Mission Road, Bangalore – 560 027.
2. Mewa Lal, Major, S/o Kalu Ram, R/at No.AG355, Sanjay Gandhi Transport Nagar, New Delhi – 110 042. .. Respondents (By Smt. Harini Shivanand, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 27.06.2012) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.08.2009 PASSED IN M.V.C. NO.6737/2007 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE, 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-New India Assurance 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. 9,50,000/- (Rupees Nine 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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