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 Kum.Adiksha(Minor) Now aged 12 years, D/o Kochanna Poojary M.F.A.No. 775/2015 (MV) (Lok Adalat No.41/2019) Represented by Her Mother Next Friend Guardian Smt.Malathi Now aged 45 years, W/o C.Kochanna Poojary R/o Kedambady village, Puttur Taluk, Dakshina Kannada District-574 201.
(By Sri. Vishwanatha Poojary K, Advocate) AND 1. Mohammad Zubair S/o Abdul Haji Major, R/at Neethadka Perlampady Post, Kolthige village, Puttur Taluk, Dakshina Kannada District-574 201.
... Appellant 2. The Divisional Manager United India Insurance Co. Ltd., Mangaluru, Dakshina Kannada District, Mangaluru-570 001.
(By Sri. B.A. Ramakrishna, Advocate for R2; Notice to R1 is d/w. v/o dated 19.09.2016) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2014 PASSED IN MVC NO. 70/2013 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, D.K., MANGALURU, SITTING AT PUTTUR, D.K, 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 Appellant - claimant 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 Appellant -Claimant has agreed to receive and the Respondent –Insurance Company has agreed to pay a lump sum of Rs.1,02,000/- (Rupees One Lakh Two 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. 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 entire enhanced compensation amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank, in the name of minor appellant till she attains the age of majority and guardian/Mother is permitted to withdraw the periodical interest.
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