HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE H.P.SANDESH & SRI. I.S. PRAMOD CHANDRA, MEMBER MFA NO 4621 OF 2018 (Lok Adalat No.3415/2019) BETWEEN:
1. SMT. MAHESHWARI .M W/O MANI @ MANIVANNAN, AGED ABOUT 28 YEARS, RESIDING AT NO 10, BEHIND RMC NEW BAMBOO BAZAR, MYSURU - 570001 2. MASTER. HARSHA S/O MANI @ MANIVANNAN, AGED ABOUT 7 YEARS MINOR REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT MAHESHWARI M RESIDING AT NO 10, BEHIND RMC NEW BAMBOO BAZAR MYSURU - 570001 3. KUMARI. HARSHITHA D/O MANI @ MANIVANNAN, AGED ABOUT 4 YEARS MINOR REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT MAHESHWARI M RESIDING AT NO 10, BEHIND RMC NEW BAMBOO BAZAR MYSURU - 570001 4. PALANI S/O LATE PUMALI, AGED ABOUT 51 YEARS RESIDING AT NO 10, BEHIND RMC NEW BAMBOO BAZAR MYSURU - 570001 5. SMT. LAKSHMI W/O PALANI AGED ABOUT 48 YEARS RESIDING AT NO 10, BEHIND RMC NEW BAMBOO BAZAR MYSURU – 570001 ...APPELLANTS (BY SRI. SHANTHARAJ K, ADV.) AND:
1. UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS MANAGER, 1ST FLOOR, MITHRY ARCADE, MOTOR T P HUB NO 1134, PRINCE OF WALES ROAD, BALLAL CIRCLE, CHAMRAJAPURAM MYSURU - 570001 2. SMT SHAKEEL BANU W/O ASLAM PASHA, AGED 42 YEARS RESIDING AT NO 7-300 ASHRAYA BADAVANE KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT - 571440 (BY SRI.A .M VENKATESH, ADV., FOR R1) …RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.12.2016 PASSED IN MVC NO.747/2015 ON THE FILE OF THE JUDGE, PRINCIPAL COURT OF SMALL CAUSES, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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 1st Respondent - United India Insurance 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 – claimants (being authorized by the appellant to sign) and the learned advocate appearing for the 1st Respondent Insurance Company and its authorized officer is filed. The appellants – claimants have agreed to receive and the 1st Respondent- Insurance Company has agreed to pay a lump-sum of Rs.6,83,000/- (Rupees Six Lakh and Eighty Three Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 1st 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. The apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal. Out of the enhanced compensation of Rs.2,83,000/-, 50% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of Appellant – Claimant No.1 for a period of three years with a liberty to withdraw the accrued interest periodically and remaining another 50% of the amount shall be released in the name of the appellant No.1 – claimant, on proper identification. The apportioned share amount of Rs.1,00,000/- each shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the favour of Appellants No.2 & 3 – Claimants (minors), till they attain the age of majority and guardian of the minors (mother) is at liberty to withdraw the accrued interest periodically and the apportioned share amount of Rs.1,00,000/- each shall be released in favour of Appellants No.4 & 5 – Claimants, on proper identification.
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 MS*