HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.7789/2012 (MV) (Lok Adalat No. 248/2019) BETWEEN Kum. R. Meghana, D/o N.C. Raghunatha Reddy, Aged about 15 years, Since minor rep. by her Father and guardian Sri. N.C. Raghunatha Reddy, S/o Late Chanarayana Reddy, R/at No.88, 6th Main, Seethappa Layout, Cholanagar, R.T. Nagar Post, Bengaluru - 560 032. ... Appellant (By Sri. K.T. Gurudeva Prasad (NOC), Advocate) AND 1. The New India Assurance Co. Ltd., Divisional Office, No.23/2, Tiffany’s Annexe, Vittal Mallya Road, Bengaluru - 560 001.
Policy No.670102/31/08/01/00005075 Policy valid from 16.12.2008 to 15.12.2009 2. Mr. C.K. Rajashekar, Veeresh Gas Agency, No.71-1, II Main, AECS III Stage, Sanjayanagar, RMV II Stage, Bengaluru - 560 094. ... Respondents (By Sri. A.N. Krishnaswamy, Advocate for R.1; Notice to R.2 d/w. v/o dt: 11.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2011 PASSED IN MVC NO.5342/2009 ON THE FILE OF THE XV ADDL. JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, MAYOHALL UNIT, BENGALURU (SCCH-19), 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 - New India Assurance Company Limited 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.2,50,000/- (Rupees Two Lakh Fifty 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant - claimant till she attains the age of majority and the minor guardian - Father is at liberty to withdraw the accrued interest periodically. The remaining 50% amount shall be released in favour of the guardian of minor appellant towards educational expenses, 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 LL