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.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.4367/2018 (MV) (LOK ADALATH NO.154/2019) BETWEEN:
1. SMT. INDIRA W/O LATE KUMAR @ C.P. KRISHNEGOWDA AGED ABOUT 38 YEARS 2. KUMARI SHILPASHREE D/O LATE KUMAR @ C.P.KRISHNEGOWDA AGED ABOUT 17 YEARS SINCE, APPELLANT 2 IS MINOR REPTD BY THEIR NATURAL GUARDIAN MOTHER, APPELLANT No.1.
BOTH ARE R/AT BENAKANAKERE VILLAGE CHIKKABENAKANAKERE POST TURUVEKERE TALUK TUMKUR DISTRICT ... APPELLANTS (BY SRI. R.G. HALESHA, ADVOCATE) AND:
1. HEAD REGIONAL CENTRE NATIONAL BUREAU OF SOIL SURVEY AND LAND USE PLANNING REGIONAL CENTRE, HEBBAL, BANGALORE-24 2. THE ORIENTAL INS. CO LTD., CBO-17, NO.12, BELLARY ROAD HEBBAL NEXT TO CANARA BANK BENGALURU-560 024 (BY SRI. S.V. SHASTRI, ADVOCATE FOR R1; SRI. M.S. SRIRAM, ADVOCATE FOR R2) ...RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2017, PASSED IN MVC NO.3368/2016, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE & MACT, (SCCH-17), BENGALURU, 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 Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) (after deducting 25% of contributory negligence) 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 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 release 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 the appellant No.2 is minor, her share amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of minor guardian, till she attains the age of majority and minor guardian is at liberty to withdraw the accrued interest periodically.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER