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.4993/2017 (Lok Adalath No.2503/2018) BETWEEN:
1. MR. ISHWARA NAIK S/O RAMA NAIK AGED 49 YEARS.
2. SMT. MALLIKA W/O MR. ISHWARA NAIK AGED 39 YEARS.
3. KUM. KRITHIKA AGED 17 YEARS D/O MR. ISHWARA NAIK.
4. MASTER CHETHAN AGED 14 YEARS S/O MR. ISHWARA NAIK.
APPELLANT NO.3 AND 4 ARE MINORS AND REPRESENTED BY NEXT FRIEND/ MOTHER SMT. MALLIKA 2ND APPELLANT.
ALL ARE RRESIDING AT: SADANGAYA HOUSE KURUPADAVU POST PAIVALIKE KURUDAPADAVU KASARGOD KERALA PIN – 671 322.
... APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND:
1. MR. P.M. SHAMEER S/O LATE P.M. MOHAMMED HAJEE OCCUPATION: NOT KNOWN AGED 35 YEARS R/AT DOOR NO.1/8/1 PARTHIPADY HOUSE KINYA POST & VILLAGE MANGALURU, D.K. DISTRICT PIN – 575 008.
2. NATIONAL INSURNACE CO. LTD., II-DIVISIONAL OFFICE AT: RASIK CHAMBERS, OPP: CENTRAL MARKET MANGALURU D.K., REPRESENTED BY ITS DIVISIONAL MANAGER PIN – 575 001.
... RESPONDENTS (BY SRI. A.N. KRISHNASWAMY., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.11.2016 PASSED IN MVC NO.264/2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT, DAKSHINA KANNADA, MANGALURU, 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 30.11.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for appellants and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellants-claimants have agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `3,70,000/- (Rupees Three Lakhs Seventy 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. Enhanced compensation awarded is apportioned in the ratio of 30:30:20:20. Share of minor children shall be kept in a fixed deposit in any Nationalised Bank/ Scheduled Bank of appellants’ choice till they attain majority and appellants are entitled to draw periodical interest. Balance amount shall be released in favour of appellants 1 and 2 on proper identification.
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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR