HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 3608/2010 (MV) (Lok Adalat No. 4138/2017) BETWEEN:
1. Smt. M.T. Pratibha W/o Late Narasimha, Aged about 19 years.
2. Smt. Ningamma W/o Cheluvaiah, Aged about 60 years. (Death Certificate produced along with Memo and v.c.o. dated 24.10.2017 memo is taken on record).
Both are R/at 1st Cross, Subashnagara, Mandya City. .. Appellants (By Smt. Bhushani Kumar, Advocate) AND:
1. B.H. Jayanna S/o Hanumaiah, Major, No.37/D, 5th Cross, 5th Main, KHB Colony, Koramangala, Bangalore-560 095.
2. The New India Assurance Company Ltd., Divisional Office, JLB Road, Chamundipuram, Mysore, Represented by the Divisional Manager. .. Respondents (By Sri. R. Rajagopalan, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 22.07.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.06.2009 PASSED IN M.V.C. NO.195/2008 ON THE FILE OF THE PRL. CIVIL JUDGE (SR. DVN.) AND CJM AND MACT, MANDYA, 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 appellant No.1 and the representative of Respondent-New India Assurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant No.1 - claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a global compensation of Rs. 5,98,000/- (Rupees Five Lakhs Ninety Eight 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. Out of the enhanced compensation amount of Rs.5,98,000/-, a sum of Rs.4,75,000/- shall be deposited in fixed deposit in the name of the 1st appellant in any Nationalized / Scheduled Bank for a period of 10 (ten) years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,23,000/- shall be released in favour of the 1st appellant, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv