HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI A.K.BHAT, MEMBER M.F.A.No.4676/2018 (MV) (Lok Adalat No.3679/2019) BETWEEN:
1. SMT. MUNIYAMMA @ MEENAKSHAMMA, W/O LATE P.VENKATESH, AGED 58 YEARS, 2. V.VISHU VENKATA, S/O LATE SMT. P.V. JYOTHI, AGED 11 YEARS, BOTH ARE R/AT LAKSHMIVENKATESWARA NILAYA, 1ST CROSS, GANDHINAGAR, MANCHENAHALLI, GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT – 562 101.
(SINCE THE SECOND APPELLANT IS A MINOR, HE IS REPRESENTED BY HIS GRAND MOTHER, THE FIRST APPELLANT VIZ., SMT. MUNIYAMMA @ MEENAKSHAMMA.) ... APPELLANTS (BY SRI. SRIDHAR D.S., ADVOCATE) AND:
1. NAGARAJ B.P., SINCE DEAD BY HIS L.R., SMT. NAGARATHNA B.L., W/O LATE NAGARAJ B.P., MAJOR, R/AT NO.162, LIG, 12TH CROSS, YELAHANKA NEW TOWN, BENGALURU – 560 064.
2. M/S. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, NO.44/45, ‘LEO SHOPPING COMPLEX’, RESIDENCY ROAD, BENGALURU – 560 025.
3. N.VENKATAREDDY, S/O N.V.NARAYANASWAMY, AGED 42 YEARS, R/AT NANGALI VILLAGE, MULABAGILU TALUK, KOLAR DISTRICT – 563 131. ... RESPONDENTS (BY SMT. HARINI SHIVANAND, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2018, PASSED IN MVC NO.5656/2013, ON THE FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM., COURT OF SMALL CAUSES, (SCCH – 13), BENGALURU, 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 This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Oriental Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent - Oriental Insurance Company Limited along with its representative are present.
3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second Respondent - Insurance Company and its authorized officer is filed, which reads as under:
“The Appellant has agreed to receive and Respondent ORIENTAL INS. CO. LTD., has agreed to pay a lump-sum of Rs.55,000/-(Rupees Fifty Five Thousand only) in addition to what has been awarded by the Tribunal, full and final settlement of the claim.
The Respondent ORIENTAL INS. CO. LTD., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.”
4. The appellants - claimants have agreed to receive and the second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.55,000/- (Rupees Fifty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
5. 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.
6. The apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal. Since appellant No.2 is minor, his entire share amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank in his name, till he attains the age of majority and guardian of the appellant No.2 is at liberty to draw the accrued interest periodically. The share amount of appellant No.1 shall be released in his favour, on proper identification.
7. 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 NR/-