HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SMT. H.R. RENUKA, MEMBER M.F.A.No. 10826/2013 (MV) (Lok Adalat No. 902/2017) BETWEEN:
1. Kum. Shubha @ Shobha D/o Late Chinnappa, Aged about 16 years.
2. Munikrishnappa S/o Late Doddamuniyappa, Aged 41 years.
Appellant No.1 is still minor Represented by her Maternal uncle who is natural Guardian of 3rd appellant.
Both are r/at Bommanahalli, Virgonagar Post, Bangalore – 560 036.
3. Smt. Venkatamma W/o Late Doddamuniyappa, Aged 74 years, Residing at Bommenahalli, Virgonagar Post, Bangalore – 560 036. ... APPELLANTS (By Sri. K.T. Gurudeva Prasad, Advocate) AND 1. The Manager, M/s. EID Parry (India) Ltd., Research and Development Centre, No.45, Boodigere Road, Opp. Old Madras Road, Bangalore – 560 049.
2. M/s. United India Insurance Co. Ltd., No.487/1, C.M.H. Road, (Above Indian Overseas Bank), Near Amar Jyothi Nursing Home, Indiranagar 1st Stage, Bangalore-560 038. ... RESPONDENTS (By Sri. Imran Pasha & Co., Advocates for R-1, Sri. K. Kishore Kumar Reddy, Advocate for R-2) MFA FILED U/S 173 (1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.06.2013 PASSED IN M.V.C. NO. 4133/2011 ON THE FILE OF THE ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, MAYOHALL UNIT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants-appellants 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. 3,00,000/- (Rupees Three Lakhs 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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 Rbv