HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER M.F.A.No.5665/2014 (MV) (Lok Adalat No.5572/2016) BETWEEN 1. SMT. GOWRAMMA, W/O. LATE NAGARAJAPPA, AGED ABOUT 37 YEARS, 2. MEENA D/O. LATE NAGARAJAPPA, AGED ABOUT 16 YEARS, 3. NAVEENA, S/O. LATE NAGARAJAPPA, AGED ABOUT 14 YEARS, APPELLANTS NO.2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER 1ST APPELLANT GANGAMMA, ALL ARE R/O. THODARANAHALU VILLAGE, NOW R/AT MALAPPANAHATTY, CHITRADURGA TALUK-577 501. ... APPELLANTS (BY SRI. R. SHASHIDHARA, ADVOCATE) AND 1. M. PANCHAKSHARAPPA, S/O. CHANNABASAPPA, MAJOR, OWNER OF TRACTOR BEARING NO.KA-16-TA-1256, R/O, YAKKEGONDI VILLAGE, SIDDANAMATA TALUK, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 001.
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO, DIVISIONAL OFFICE, MMK COMPLEX, P.J.EXTENSION, DAVANAGERE-577 001. ... RESPONDENTS (BY SRI. M. U. POONACHA, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DATED 22.01.2015) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.4.2014 PASSED IN MVC NO.363/2012 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE & ADDL. MACT - IV, CHITRADURGA, 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.97,000/- (Rupees Ninety Seven 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 of the enhanced compensation amount shall be made as per the ratio adopted by the claims Tribunal. The apportioned share amount of appellant No.1 shall be released in her favour, on proper identification. Since Appellant Nos. 2 and 3 are minors, their entire share amount shall be kept in fixed deposit in any Nationalized or Scheduled Bank in their names till they attain the age of majority with a liberty to natural guardian of the minor appellants to draw 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY