HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 7204/2012 (MV) (Lok Adalat No. 5109/2017) BETWEEN Kumari Bharathi, Aged 14 years, D/o Rosaiah, Vinoba Colony Village, Kasaba Hobli, Hunsur Taluk, Mysore District – 571105.
Appellant is a minor represented by her natural guardian father Mr.Rosaiah, aged 50 years, S/o Chennakondaiah, R/at. the aforesaid address. ... Appellant (By Sri B.S.Nagaraj, Advocate) AND 1. Mr Srinivasa C., Aged about 40 years, S/o Chinnaiah B., D.No.B-3, Millennium RSDY, G.M.Palya, BEML. HPL Road, K.G.Colony, N.T.Sandra, Bangalore – 560 092. [driver of the bike bearing Reg. No.KA-45-E-2950] 2. Mr. K.Ramesha, Aged about 40 years, S/o Kalashetty, Subhash Colony, Kasaba Hobli, Hunsur Taluk, Mysore District – 571 105. [owner of Bike bearing Reg.No.KA-45/E-2950] 3. United India Ins. Co. Ltd., Rep. by its Divisional Manager, Divisional Office, Ballal Circle, Mysore – 570 001.
[Insurer of Bike bearing Reg.No.KA-45/E-2950] ... Respondents (By Smt. Harini Shivanand, Advocate for R.3, Notice to R.1 d/w. v.o. dated: 16.01.2014] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2010 PASSED IN MVC NO. 154/2010 ON THE FILE OF THE PRESIDING OFFICER, F.T.C, HUNSUR, 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 claimant - appellant and the learned Counsel for the respondent – United India Insurance 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. 70,000/- (Rupees Seventy 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 deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank till she reaches the age of majority and to be renewed annually.
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 Mkm/Rbv