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 & SMT. H.R. RENUKA, MEMBER M.F.A.No. 7368/2012 (MV) (Lok Adalat No. 3833/2017) BETWEEN 1. Smt. Manjula W/o Late C.Ravi, Aged about 31 years.
2. Kum. Spoorthi D/o Late C. Ravi, Aged 14 years, 3. Mas. Ajith s/o Late C.Ravi, Aged 11 years.
Since No.2 and 3 are minors, Rep. by their mother and Natural guardian Smt. Manjula.
All are r/at No.5th Cross, B.Channasandra, Kalyannagar Post, Bangalore -560 043. ... Appellants (By Sri K.T.Gurudeva Prasad., Advocate) AND 1. M/s United India Ins. Co. Ltd., Motor Claims Hub, Regional Office No.25, Shankaranarayana Building, M.G.Road, Bangalore-560 001, By its Divisional Manager.
2. Sri P.K.Venkatachalam, Managing Director, Kaveri Bio Proteins [P] Ltd., Kaveri Valagam, Vasanthapuram post, Namakkal, Namakkal District – 637001. ... Respondents (By Sri U.Abdul Khader, Advocate for R-1] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2012 PASSED IN MVC NO. 2299/2011 ON THE FILE OF XXII ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU, 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 claimants-appellants and the learned Counsel for the respondent – United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 2,15,000/- (Rupees Two Lakhs Fifteen 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. The apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal and whatever the compensation payable to the minor children shall be deposited in fixed deposit in their names in any Nationalized / Scheduled Bank till they reach the age of majority, to be renewed annually. The compensation payable to other claimant shall be disbursed in her favour, 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 Mkm/Rbv Sd/- MEMBER