HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER M.F.A.No. 3129/2017 (MV) (Lok Adalat No.1117/2018) BETWEEN SHRUTHI, D/O. MAHANTESH, AGED ABOUT 11 YEARS, MINOR, STUDENT THE NATURAL GUARDIAN FATHER, MAHANTESH, S/O. NARASIMHAMURTHY @ HANUMANTHAPPA, AGED ABOUT 40 YEARS, R/O:2ND CROSS, NEHRU NAGARA, HOLALKERE ROAD, CHITRADURGA-577 501. ... APPELLANT (BY SRI. M.G. KANTHARAJAPPA, ADVOCATE) AND 1. MADEGOWDA, S/O. MARIGOWDA, AGE MAJOR, OWNER OF TATA-207 TEMPO BEARING, REG. NO.KA-11-7957, R/O. BANNAHALLY THOTTAM, SETHARAMAPALAYAM, MANE, MADDURU TALUK, MANDYA DISTRICT.
2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MMK COMPLEX, P.K. EXTENSION, AKKAMAHADEVI ROAD, DAVANGERE-585 249. ... RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.05.2016 PASSED IN MVC NO.449/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, CHITRADURGA, 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.45,000/- (Rupees Forty five 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY