HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI. VIJAYAKUMAR MAJAGE , MEMBER BETWEEN 1. Smt Kalavathi M.F.A.No. 55/2019 (MV) (Lok Adalat No.167/2019) W/o Late Shivakumaraiah @ Shivakumarswamy M.B, Aged about 41 years, 2. Sri. Hemanth S/o Late Shivakumaraiah @ Shivakumaraswamy M.B, Aged about 9 years, The Appellant No.2 is minor Represented by his Natural Guardian And next friend by 1st Appellant Kalavathi W/o Late Shivakumaraiah Both are residing at: Marasandra, Heggere (P), Turuvekere Taluk-577 801.
Now residing at:
1st Cross, Hanumanthaura, Kasaba Hobli, Tumkur Town-572 101.
(By Sri. M.B. Ryakha, Advocate) AND 1. Prabhu Swamy R.C, S/o Late Channabasavaiah, Aged about 42 years, Residing at:
Ramdhihalli, Manchenahalli (P), Turuvekere Taluk, Tumkur District-577 101.
2. The Manager, United India Insurance Co., Ltd., Issued Office at:
Turuvekere.
Service Address United India Insurance Co., Ltd., B.H.Road, Tumakuru-577 101.
(By Sri. A.M. Venkatesh, Advocate for R2: Notice to R1 is d/w. v/o dated 04.02.2019) ... Appellants ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2018 PASSED IN MVC NO.779/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, 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.1,00,000/- (Rupees One Lakh 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. Since, the appellant No.2 is minor his entire share amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank in his name till he attains the age of majority and guardian is permitted to withdraw the periodical interest. The entire share amount of appellant No.1 shall be released in her favour, on proper identification.
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 ag