HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI K.P.YOGANNA, MEMBER M.F.A.No. 4155/2017 (MV) (Lok Adalat No. 2262/2018) BETWEEN Kumari Sakshi N Ullal, D/o Naveen Kumar Ullal, Aged about 14 years, Minor represented by her Natural guardian and mother- Smt. Chandrika, W/o Naveen Kumar Ullal, Aged about 39 years, Permanently r/at. 310, Muneshwara Nagar, Police Station behind Ramamurthynagar, Bengaluru, BBMP – 560 016, Now r/at Door No.1-6, Harikamal, near Kudupu School, Kudupu Post & Village, Mangaluru, D.K. District – 574 528. ... Appellant (By Sri G. Ravishankar Shastry, Advocate) AND 1. M/s. Guru Electricals, Flat No.310, The Foyer Apartments, 19th Cross, Shri M.V. Nagar, R.N.Nagar, Bengaluru – 560 016.
2. The Divisional Manager, United India Insurance Co. Ltd., Scorpio House No.132, Wheelers Road ( Above Mandovi Motors ) Cox Town, Bengaluru -560 005. ... Respondents ( By Sri Janardhan Reddy, Advocate for R-2) MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2016 PASSED IN MVC NO. 1029/2014 ON THE FILE OF THE I ADDL. SR. CIVIL JUDGE & M.A.C.T., MANGALURU, 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.40,000/- (Rupees Forty 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. Since the appellant is a minor, the entire enhanced compensation amount shall be kept in fixed deposit in any nationalized/scheduled bank in the name of the minor appellant till she attains the age of majority with a liberty to guardian of the appellant to draw the 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 Mkm