HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.8601/2018 (Lok Adalat No.126/2019) BETWEEN:
1. SMT. GEETHA W/O LATE THIPPESWAMY AGED ABOUT 21 YEARS.
2. PAVAN S/O LATE THIPPESWAMY AGED ABOUT 4 YEARS.
3. HANUMANTHAPPA S/O THIMMA BHOVI AGED ABOUT 61 YEARS.
4. SMT. LAXMI DEVI W/O HANUMANTHAPPA AGED ABOUT 50 YEARS.
(APPELLANT NO.2 IS MINORS REPRESENTED BY NATURAL GUARDIAN HER MOTHER 1ST APPELLANT) ALL ARE RESIDING AT: HOSAYALANADU VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT. ... APPELLANTS (BY SRI. SATHISHA T., ADVOCATE) AND:
1. SRI. N. THIPPESWAMY S/O NARASAPPA MAJOR R.C. OWNER OF THE HERO MOTOR BIKE BEARING NO.KA-16 ED-9583, R/AT KASAVANAHALLI VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT.
2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, B.M. COMPLEX LAXMI BAZAR CHITRADURGA NOW REP. BY THE REGIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE NO.144/145 2ND FLOOR SUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560001 ... RESPONDENTS (BY SRI. H.S. LINGARAJU., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.08.2018, PASSED IN MVC NO.358/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 30.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-Insurance Company 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 ` 6,00,000/- (Rupees Six Lakhs 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. Appellants-1 to 4 are entitled to enhanced compensation awarded in the ratio of 60:20:10:10 respectively.
(i) Out of 60% of the enhanced compensation awarded in favour of first appellant/claimant, 50% of the amount is ordered to be released to her and remaining 50% of the amount is ordered to be deposited in a fixed deposit in any Nationalised/Scheduled Bank of first appellant’s choice for a period of three years. First appellant is entitled to draw periodical interest.
(ii) In respect of 20% of the enhanced compensation awarded in favour of second appellant/claimant, entire amount is ordered to be deposited in a fixed deposit in any Nationalised/Scheduled Bank of first appellant’s choice till he attains the age of majority and same shall be released with interest by the Tribunal on his attaining majority.
(iii) Out of 10% of the enhanced compensation awarded in favour of appellants/claimants-3 and 4, 60% of the amount is ordered to be released in their favour and balance 40% is ordered to be deposited in a fixed deposit for a period of three years in any Nationalised/Scheduled Bank of their choice. Appellants-3 and 4 would be entitled to draw periodical interest.
4. 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.
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 *sp