HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 4782/2014 (MV) (Lok Adalat No. 1324/2016) BETWEEN 1. Smt. Nalina T.H W/o late Krishnamurthy, Aged about 30 years, 2. Master Bharath W/o late Krishnamurthy, Aged abut 15 years, 3. Kum. K.Shanthala D/o late Krishnamurthy, Aged about 13 years, Claimants 2 and 3 are minors Rep. by N/G – mother, Nalina T.H. – 1st Appellant.
4. Smt. Sannamma W/o late Karerangaiah, Aged about 60 years, All are residing at Bovipalya, Antharasanahalli, Arakere Post, Kasaba Hobli, Tumkur Taluk, Tumkur – 572 101. ... Appellants (By Sri Ramesh K.R., Advocate) AND 1. Sri H.S.Manohar S/o late H.V.Srinivasa Shetty, aged about 48 years, R/at Hebbur Village, Hebbur Hobli, Tumkur Taluk, Tumkur -572 103.
2. Royal Sundaram Alliance Insurance Co. Ltd., Regd. Office No.21, Patullos Road, Chennai – 600002.
Rep. by its Branch Manager. ... Respondents (By Sri Ravi S.Samprathi, Advocate for R-2, Notice to R.1 d/w. v.o. dated: 21.01.2015] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2012 PASSED IN MVC NO. 1673/2008 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND MEMBER, MACT- XI, TUMKUR, 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 claimants - appellants and the learned Counsel for the respondent – Royal Sundaram Alliance Insurance Company Limited 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. 3,10,000/- (Rupees Three Lakhs Ten 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. The apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The compensation payable to the minors shall be deposited in fixed deposit in any Nationalized / Scheduled Bank till they reaches the age of majority and the compensation payable to the other claimants shall be disbursed 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 Mkm