HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.2818/2017 (MV) (Lok Adalat No.2150/2019) BETWEEN:
1. SMT.LAKSHMAMMA, W/O.LATE GOVINDARAJU, AGED ABOUT 42 YEARS, 2. DILIP, S/O.LATE GOVINDARAJU, AGED ABOUT 19 YEARS, 3. NAVYA, S/O.LATE GOVINDARAJU, AGED ABOUT 15 YEARS, A3 IS A MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER A-1-SMT.LAKSHMAMMA, ALL ARE RESIDING AT POULIDODDI VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160.
… APPELLANTS (BY SRI T.P.VIVEKANANDA, ADVOCATE) AND:
1. SIDDAPPA, S/O.RAMEGOWDA, R/AT GARAKAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160.
2. THE NEW INDIA ASSURANCE, COMPANY LIMITED, NO.2241/4, GIRIYAMMA SHAMBHUGOWDA, COMPLEX, CHURCH ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-562 160.
… RESPONDENTS (BY SRI ASHOK N.PATIL, ADVOCATE FOR R2) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2015 PASSED IN MVC NO.227/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, CHANNAPATTANA.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent - New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.3,25,000/- (Rupees Three Lakh Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 of Rs.3,25,000/-, Rs.1,25,000/- shall be released in favour of the first appellant-wife, on proper identification and the remaining amount shall be equally distributed to claimants 2 & 3 and same shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in their names for a period of five years and guardian of the appellant Nos 2 and 3 is entitled to withdraw the accrued 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 HB/-
SD/- MEMBER