HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 4049/2015 (MV) (Lok Adalat No. 2027/2019) BETWEEN Master Shivakumar, S/o Sri Suresh, Aged about 08 years, Since minor rep. by Natural Guardian father, Sri Suresh, S/o Late Chikkaputtegowda, aged about 37 years, R/at. Ballekere Village, Arakere Hobli, Srirangapatna Taluk, Mandya District – 571 408. ... Appellant (By Sri Ramesh Kumar R.V., Advocate) AND 1. Sri M.R.Naveen, S/o Sri Ranganath, Major, R/o Chikkegowdanakoppalu Village, Arakere Hobli, Srirangapatna Taluk, Mandya District – 571 408.
(Owner of the goods Ape bearing No.KA-11-7504) 2. Reliance Gen. Ins. Co. Ltd., Branch Office, 1st Floor, Mysore Trade Center, Opp. to KSRTC Bus Stand, Mysore – 571 401, (Policy No.1403702336000072) Valid from 29/05/2010 to 28/05/2011). ... Respondents (By Sri H.C.Betsur, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2015 PASSED IN MVC NO.1376/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Reliance General 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 appellant (being authorized by the appellants to sign) and the learned advocate appearing for the Second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the Second respondent-insurance company has agreed to pay a lump-sum of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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. Since the appellant is minor, the entire enhanced compensation amount shall be kept in Fixed Deposit in any nationalized/scheduled Bank in the name of the minor appellant till she attains the age of majority with a liberty to the guardian of the appellant to draw the accrued interest periodically.
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 Mkm*