HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 2461/2015 (MV) (Lok Adalat No. 1452/2018) BETWEEN 1. Nageena Taj, W/o Dawood Ibrahim, Aged about 31 years, 2. Kumari Surrayya Taj, D/o Dawood Ibrahim, Aged about 13 years, 3. Master Mohammed Wasim, S/o Dawood Ibrahim, Aged about 11 years, All are R/at Attibele, KEB Quarters, Sarjapura, Anekal Taluk, Bengaluru - 562 107.
Since the appellants No.2 & 3 are minors, Rep. by their mother 1st Appellant as a natural guardian. ... Appellants (By Sri. A. Sreenivasaiah, Advocate) AND 1. Najim Ullakhan, No.13, Kuthghat Village & Post, Shingange Post, Somapura, Bengaluru G.P.O, Bengaluru - 560 001.
2. The Manager, SBI General Ins. Co. Ltd., Ground and 1st Floor, Rukmini Towers 3-1, Platform Road/ Railway Approach Road, Sheshadripuram, Bengaluru - 560 020. ... Respondents (By Sri. Ravi S. Samprathi, Advocate for R.2; Notice to R.1 d/w. v/o dt: 16.06.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.12.2014 PASSED IN MVC NO.4847/2013 ON THE FILE OF THE XXII ADDL. SMALL CAUSES JUDGE AND MEMBER- MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants - claimants and the learned Counsel for the Respondent - SBI General Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants - Claimants have agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs.2,80,000/- (Rupees Two Lakh Eighty Thousand 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, Rs.75,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant No.1 - claimant for a period of three years with liberty to withdraw the accrued interest periodically. Since the appellant Nos.2 and 3 - claimants are minors, Rs.75,000/- each apportioned share amount shall be kept in fixed deposit in any Nationalized/ Scheduled bank in the name of the minor appellants till they attains the age of majority and the guardian of the appellant No.2 & 3 is entitle to withdraw the accrued interest periodically. The remaining compensation amount shall be released in favour of the appellants - claimants proportionately, 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 LL