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 RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 1911/2017 (MV) (Lok Adalat No. 4501/2017) BETWEEN:
1. Smt. Manjulamma, Age: 27 years, W/o Late Ananda.
2. Sathish, Age: 8 years, S/o Late Ananda.
3. Mallikarjuna, Age: 6 years, S/o Late Ananda.
4. Hanumanthappa, Age: 57 years, S/o Late Anjanappa.
5. Smt. Kanthamma, Age: 46 years, W/o Hanumanthappa.
6. Hanumantharaya, Age: 25 years, S/o Hanumanthappa.
7. Anilkumar, Age: 22 years, S/o Hanumanthappa.
Appellant Nos.2 and 3 are minors, R/b Natural Guardian Mother Manjulamma, the first appellant.
All are residents of Kamathanahalli Village-572 132, I.D. Halli Hobli, Madhugiri Taluk, Tumakuru District. .. Appellants (By Sri. Patel D. Kare Gowda, Advocate) AND:
T.R. Shakunthala, Major, W/o Krishna Reddy, R/o No.300, 11th Cross, Wilson Garden, Bengaluru-560 027, Dead by LRs Krishna Reddy, Age: 67 years, Dead by LRs.
1. B.K. Mohana Reddy, Age: 45 years, S/o Krishna Reddy.
2. B.K. Surendranath, Age: 42 years, S/o Krishna Reddy.
All are residents of No.300, 11th Cross, Wilson Garden, Bengaluru-560 027.
3. The United India Insurance Company Ltd., B.H. Road, Tumakuru-572 101, By its Manager. .. Respondents (By Sri. Y.P. Venkatapathi, Advocate for R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 10.11.2016 PASSED IN M.V.C. NO.1362/2015 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & MACT-XIII, MADHUGIRI, 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 appellants and the representative of Respondent-United India Insurance Company Ltd., along with its counsel 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 global compensation of Rs. 2,50,000/- (Rupees Two Lakhs Fifty 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. The compensation payable to the minor claimants shall be kept 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 claimants / appellants shall be disbursed in their favour, 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