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. 1461/2015 (MV) (Lok Adalat No. 3562/2016) BETWEEN Devayani S. D/o N. Shivakumar, Aged about 11 years, R/at No.1/2B, 9th Main, Hanumanthappa Layout, Sulthan Palya, R.T. Nagar, Bangalore-32, appellant being Minor represented by her father Mr. N. Shivakumar, the Natural Guardian. ... APPELLANT (By Sri. Shripad V. Shastri and Sri. K.V. Naik, Advocates) AND 1. United India Insurance Co. Ltd., No.27/A, 2nd Floor, Thangavelu Building, 100 Feet Road, Near Indian Bank, Jalahalli Cross, Bangalore, by its Manager.
2. Mr. M. Natesh S/o Marisiddaiah, Major, R/at Byrapura, Arakere Post, Hessaraghatta Hobli, Bangalore – 561 203.
3. Mr. Linganna, Major, R/o 564/1, 3rd Main Road, Muthyala Nagar, Bangalore-54. ... RESPONDENTS (By Sri. Y.K. Sheshagiri Rao, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 03.06.2015) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2014 PASSED IN MVC NO. 5699/2013 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, 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 claimant-appellant 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 appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 50,000/- (Rupees 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 entire enhanced compensation amount shall be released in favour of the guardian of the minor appellant 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 Rbv Sd/- MEMBER