HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI. K.P. YOGANNA, MEMBER M.F.A.No. 1527/2016 (MV) (Lok Adalat No. 1930/2018) BETWEEN 1. Giriyappa Gowda, S/o Subbayya Gowda, Aged about 42 years, 2. Yashoda, D/o Giriyappa Gowda, Aged about 17 years, 3. Megashree, D/o Giriyappa Gowda, Aged about 15 years, 4. Yathish, S/o Giriyappa Gowda, Aged about 14 years, Appellant Nos.2 to 4 are minors, Rep. by their natural guardian Father appellant No.1 All are R/of Kabaka Bailu House, Kabaka Village, Putur Taluk, D.K. District - 574 201. ... Appellants (By Sri. Vishwanatha Poojary K, Advocate) AND 1. Parameshwar, S/o Venkappayya, Aged about 41 years, R/of 2/42, Bailu Padavu House, Punacha Post, Bantwal Taluk, D.K. District - 574 211.
2. The Manager, United India Ins. Co. Ltd., Branch Office, Puttur Taluk, D.K. District - 574 201. ... Respondents ( By Sri. B.C. Seetharama Rao, Advocate for R-2, Notice to R.1 d/w. v/o. dated 18.04.2016) MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2015 PASSED IN MVC NO. 667/2015 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, MANGALURU, D.K., SITTING AT PUTTUR D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants - Claimants 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.3,08,000/- (Rupees Three Lakh Eight 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. Out of the enhanced compensation amount, 50% shall be released in favour of the appellant No.1, on proper identification and remaining 50% amount shall be kept in fixed deposit in any Nationalized/ Scheduled bank in the name of the minor appellant Nos.2 to 4 equally till they attain the age of majority with a liberty to guardian of the minor appellants 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 LL