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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.5941/2015 (MV) (Lok Adalat No.789/2019) BETWEEN 1. SMT.KRUPA W/O.LATE NANDEESH AGED ABOUT 28 YEARS 2. MASTER JEEVAN S/O.LATE NANDEESH AGED ABOUT 7 YEARS 3. KUMARI MANISHA D/O.LATE NANDEESH AGED ABOUT 4 YEARS 4. SMT. JAYAMMA W/O.LATE SHIVANNA AGED ABOUT 71 YEARS MINOR APPELLANTS ARE REPRESENTED BY NATURAL GUARDIAN/MOTHER 1ST APPELLANT HEREIN ALL ARE R/AT MUDDENAHALLI VILLAGE KORA HOBLI TUMKUR TALUK & DISTRICT-572 101 ... APPELLANTS (BY SRI GOPALKRISHNA N., ADVOCATE) AND 1. SRI JAYAPRAKASH S/O.GANGADHARAIAH AGED ABOUT 36 YEARS R/AT IDAKANAHALLI VILLAGE SOMALAPURA POST NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT-572 101 2. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, 1ST FLOOR ABOVE CORPORATION BANK KASTURI MANSION BEHIND KRISHNA TALKIES M.G.ROAD, TUMKUR-572 101 REP. BY ITS MANAGER ... RESPONDENTS (BY SRI S.SRISHAILA, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.01.2015 PASSED IN MVC NO.361/2014, ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, TUMKUR.
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 second respondent – National Insurance 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 second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a global compensation of Rs.3,15,000/- (Rupees Three Lakhs Fifteen Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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. Out of the share amount of appellant Nos.1 and 4 shall be released in their favour, on proper identification. Since the appellant nos.2 and 3 are minors, their entire share amount shall be kept in fixed deposit in any Nationalised or Scheduled Bank in their names till they attain the age of majority and with a liberty to guardian of the minor appellants 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 Sd/- MEMBER KLV