HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER M. F. A. No. 3298/2017 (MV) LOK ADALAT NO. 5279/2017 Between:
1. MAMATHA K B W/O LATE PUTTASWAMYGOWDA AGED ABOUT 35 YEARS 2. CHAITHRA G P D/O LATE PUTTASWAMYGOWDA AGED ABOUT 17 YEARS 3. RAKSHITHA G P D/O LATE PUTTASWAMYGOWDA AGED ABOUT 14 YEARS 4. HONNAJAMMA W/O LATE MARIGOWDA AGED ABOUT 70 YEARS THE 2ND AND 3RD APPELLANTS ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER 1ST APPELLANT HEREIN, MAMATHA K. B.
ALL ARE R/AT NO.219 WARD NO.13, GURNAHALLI EXTENSION CHANNARAYAPATNA TOWN HASSAN DISTRICT-573201 (BY SRI. GIRISH B BALADARE, ADV.) AND 1. THE MANAGER UNITED INDIA INS. CO. LTD CRESENT COURT ABOVE BANK OF INDIA, K M ROAD CHIKKAMAGALUR – 577 101 2. H. M. JAFFAR, DEAD BY LR.
JOUHER AZAD S/O LATE H M JAFFAR AGED ABOUT 60 YEARS R/AT ALDUR VILLAGE CHIKKAMAGALURU TALUK AND DISTRICT - 577 101 (BY SMT. HARINI SHIVANAND, ADV. FOR R1) ... APPELLANTS ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2016 PASSED IN MVC NO.1945/2007 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND MEMBER M.A.C.T, II HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned Counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of `1,70,000/- (Rupees One Lakh Seventy Thousand only), in addition to what has been awarded by the Tribunal, as 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 9% per annum from the date of default, till the date of deposit.
4. The compensation amount shall be apportioned in accordance with the directions given by the learned Tribunal in the award. The learned Tribunal is directed to release the entire compensation amount awarded to appellant Nos. 1 and 4, forthwith. The learned Tribunal is directed to deposit the amount payable to the minors, appellants 2 and 3, in a Fixed Deposit in any nationalized bank, to be renewed annually, till they attain the age of majority.
5. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the Tribunal is modified.
Draw the award accordingly.
Sd/- Judge Sd/- Member RD/MD