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 S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.3396/2016 (MV) (Lok Adalat No.637/2019) BETWEEN:
1. SMT.N.LATHA W/O.LATE CHALAPATHI AGED ABOUT 29 YEARS 2. RAJAMMA W/O.KRISHNAPPA SHETTY AGED ABOUT 62 YEARS 3. KUMARI PARIMALA D/O.LATE CHALAPATHI AGED ABOUT 08 YEARS 4. KUMARI SHALINI D/O.LATE CHALAPATHI AGED ABOUT 06 YEARS SINCE APPELLANT NOS.3 & 4 ARE MINORS REP. BY NATURAL GUARDIAN, MOTHER- APPELLANT NO.1 ALL ARE R/AT NO.50, PANTHANAPALLI SANNAKUPPA BANGARAPET TALUK KOLAR DISTRICT-563 121. ... APPELLANTS (BY SRI K.SHANTHARAJ, ADVOCATE) AND:
1. UNITED INDIA INSURANCE CO. LTD. REGIONAL OFFICE, 5TH FLOOR KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001.
2. MR.JOE JOSELAL S/O.JOSEPH MATHAI MUNDUKOTTACKAL POST MUNDUKOTTACKAL HOUSE PATHANMTHITTA KERALA-689 649. ... RESPONDENTS (BY SRI R.RAJAGOPALAN, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2016 PASSED IN MVC NO.1288/2014 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent – United India 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.8,00,000/- (Rupees Eight Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 as per the ratio adopted by the Claims Tribunal. Since appellant Nos.3 and 4 are minors, their entire share amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank in their names till they attain the age of majority and guardian of the appellant Nos.3 and 4 is at liberty to draw the accrued interest periodically. The share amount of appellant Nos.1 and 2 shall be released in their favour, on proper identification.
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 NR/-