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. 1699/2017 (MV) (Lok Adalat No. 3530/2017) BETWEEN Divya D/o Basavaraju N., Aged about 5 years, R/o Chikkanahalli, Mandigere Post, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District, Since Minor represented by her Father and natural guardian Sri. Basavaraju N. ... APPELLANT (By Sri. Rangegowda N.R., Advocate) AND 1. Gangaraju B.D. S/o Doddegowda, Aged Major, Bettahalli, Kadabagere Post, Dasanapura Hobli, Bangalore North Taluk, Bangalore District – 560 002.
2. The Manager, Reliance General Insurance Co. Ltd., No.28, 5th Floor, Centenary Building, M.G. Road, Bangalore-560 001. ... RESPONDENTS (By Sri. D. Vijaya Kumar, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 08.08.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2015 PASSED IN MVC NO. 1765/2016 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU, 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 – Reliance 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. 30,000/- (Rupees Thirty 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 deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank to be renewed annually till he attains the majority with liberty to the minor guardian to withdraw the interest periodically.
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