HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APEEAL NO. 5656/2016 (MV) (LOK ADALAT NO. 2109/2019) BETWEEN:
1 . SMT. M N NAGARATHNA WIFE OF LATE KESHAVAMURTHY, AGED ABOUT 46 YEARS 2 . K.K. ABHISHEK.
SON OF LATE KESHAVAMURTHY AGED ABOUT 23 YEARS 3 . K. APOORVA DAUGHTER OF LATE KESHAVAMURTHY AGED ABOUT 21 YEARS ALL ARE RESIDENTS OF KENNALU VILALGE, PANDAVAPURA TALUK, MANDYA DISTRICT-571434.
...APPELLANTS (BY SRI V N MADHAVA REDDY, ADVOCATE) AND:
1 . H .ANNEGOWDA SON OF NARAYANAPPA, RESIDENT OF HONNAMANAHALLI VILLAGE, MAVINAKERE POST, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 211.
2 . THE MANAGER BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD., NO.363, SRI. HARI COMPLEX, SEETHA VILAS ROAD, MYSURU – 570 003.
RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGEMENT AND AWARD DATED 13.11.2013, PASSED IN MVC NO. 1055/2012, ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AT PANDAVAPURA, 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 claimants-appellants and the learned Counsel for the Respondent No.2 –Bajaj Allianz General 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 No.2 - Insurance Company has agreed to pay a lump-sum of Rs.5,60,000/- (Rupees Five Lakhs Sixty 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 No.2 – 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. So far as the apportionment is concerned, learned counsel for both the parties submitted that the widow of the deceased should be paid 50% of the said amount and 25% each to the appellant Nos.2 and 3. Since all the claimants are major, entire enhanced compensation amount shall be released in their favour, on proper identification as above.
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 MH/-