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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No. 4648/2016 (MV) (Lok Adalat No.502/2019) BETWEEN MINOR FATHIMA ZOYA AGED ABOUT 8 YEARS D/O.SMT.UMERA REP. BY HER GUARDIAN MOTHER SMT.UMERA AGED ABOUT 30 YEARS W/O.KHAJI MAQBUL R/AT J.M.ROAD, BASRUR BASRUR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576 201 ... APPELLANT (BY SMT.JAYANTHI S., ADVOCATE) AND 1. NARENDRA AGED ABOUT 45 YEARS S/O.MANJU NAIK R/AT MANDARTHI MANE 28-HALADI VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT-576 201 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE KUNDAPURA, 2ND FLOOR ‘SRI SAI CENTRE’ MAIN ROAD KUNDAPURA TALUK UDUPI DISTRICT-576 201 ... RESPONDENTS (BY SRI M.S.SRIRAM, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2016 PASSED IN MVC NO.974/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KUNDAPURA, UDUPI DISTRICT, 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 – National 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 appellant 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.1,00,000/- (Rupees One Lakh 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 Nationalised or Scheduled Bank in the name of the minor appellant till she attains the age of majority with a liberty to guardian of the appellant to draw 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 KLV