HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 10115/2018 (MV) (Lok Adalat No.2524/2019) BETWEEN 1. Smt. Hema W/o late Ravi, Aged about 24 years, 2. Spoorthi D/o Late Ravi, Aged about 06 years, 3. Manish S/o Late Ravi, Aged about 04 years, 4. Kempamma W/o Late Rangashetty, Aged about 50 years, Appellant Nos.2 & 3 are minors, Rep. by their natural guardian, Next friend-mother, Smt.Hema, Appellant No.1.
All are r/at. Toravalli Mole Village, Dodda Kavalande Hobli, Nanjanagudu Taluk, Mysore District – 572 201. ... Appellants (By Sri Manjunath N.D., Advocate) AND 1. Mukunda S/o Ramakrishna, Aged about 31 years, R/o Okkalageri, Nanjanagudu Town.
2. Venkatesh M. S/o Muniraju, Aged about 41 years, No.48, Chowkahalli Colony, Bidadi Hobli, Ramanagara Taluk & District.
3. The New India Assurance Co. Ltd., No.2951, 2nd Floor, JLB Road, Chamundipuram Circle, Mysore – 570 004, M.G.Road, Tumkur City. ... Respondents (By Sri Kishore Kumar Reddy, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.10.2018 PASSED IN MVC NO.1003/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, J.M.F.C., AND MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants and the learned Counsel appearing for the Third Respondent – New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the Third respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the Third respondent-insurance company has agreed to pay a lump-sum of Rs.9,00,000/- (Rupees Nine Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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. Since the appellant No.2 & 3 are minors, their entire share amount shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in their names till they attain the age of majority. Out of the share amount of appellant No.1 and 4, 75% shall be released in their favour, on proper identification and remaining 25% amount shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in their names for a period of three years with a liberty to draw the accrued 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 Mkm* Sd/- MEMBER