HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 3099/2013 (MV) (Lok Adalat No. 1021/2017) BETWEEN Master Narasimha S/o Ramanjaneyalu, Aged about 10 years, R/o Nagala Dinne Village, Nandavaram Mandalam, Yammiganur Taluk, Kurnool District, Andhra Pradesh State.
Appellant being minor represented by His father and natural guardian Sri. Ramanjaneyalu S/o Naganna, Aged about 31 years, R/o Nagala Dinne Village, Nandavaram Mandalam, Yammiganur Taluk, Kurnool District, Andhra Pradesh State. ... APPELLANT (By Sri. Vishwanath S. Shettar, Advocate) AND 1. The United India Insurance Co. Ltd., By its Manager, Krishi Bhavan Building, 6th Floor, Near Hudson Circle, Bangalore – 560 001.
2. The Chairman and Managing Director, BMTC, K.H. Road, Shanthinagar, Bangalore – 27, (RC Owner of BMTC Bus bearing No.KA-01/F-642). ... RESPONDENTS (By Sri. L. Sreekanta Rao, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 08.04.2014) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2013 PASSED IN MVC NO. 412/2012 ON THE FILE OF THE 14TH ADDL. JUDGE, COURT OF SMALL CAUSES AND 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 claimant-appellant 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. 6,00,000/- (Rupees Six Lakhs 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. Out of the enhanced compensation amount of Rs.6,00,000/-, the learned Tribunal is directed to release only Rs.1,00,000/- in favour of the parents of the injured child on proper identification. The remaining compensation of Rs.5,00,000/- shall be deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank for a period of ten years to be renewed annually and the parents of the injured child are at liberty to withdraw the interest periodically. After the completion of ten years, the injured child who had become major by then shall be free to submit an application before the learned Tribunal for release of the amount in fixed deposit. Further, the learned Tribunal is directed to impose a condition that the parents of the injured child would not be permitted to raise any loan on the fixed deposit without the permission of the Court.
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 Rbv Sd/- MEMBER