HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI. VIJAY KUMAR MAJAGE, MEMBER M.F.A. No.5147/2019 (MV) (Lok Adalat No.3337/2019) BETWEEN:
1. Smt. Nalinakshi, W/o Naveen, Aged about 37 years, 2. Kumari Rashmi, D/o Naveen, Aged about 15 years, 3. Kumari Disha, D/o Naveen, Aged about 11 years, Appellant Nos.2 & 3 are minors And are rep. by their natural Guardian and mother appellant No.1 Smt. Nalinakshi 4. Mr. Sundara T Salian, Aged about 79 years, 5. Smt. Meenakshi, W/o Sundara T Salian, Aged about 66 years, All are R/at D No.1-249, Moodu Thota, Bellairu Village, Haleangadi Post, Mangaluru Taluk, D.K. District - 575 018. ... Appellants (By Sri. G. Ravishankar Shastry, Advocate) AND:
1. Mr. Jayakrishna, S/o Booba Amin, Adult, R/at H No.1-297, Bellairu Village, Haleangadi Post, Mangaluru Taluk, D.K. District - 575 018.
2. The Oriental Insurance Co. Ltd., Branch Office: Sathish Complex, Ground Floor, Behind SBI, Opp: Govindadasa College, Surathkal, Mangaluru, D.K. District - 575 006.
Rep. by its Branch Manager ... Respondents (By Sri. K.N. Srinivasa, Advocate for R.2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2017 PASSED IN MVC NO.1276/2016 ON THE FILE OF THE MACT & II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K, 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 Appellants - claimants and the learned Counsel appearing for the second Respondent - Oriental Insurance Co. Ltd., 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 - claimants (being authorized by the appellants to sign) and the learned advocate appearing for the second Respondent - Insurance Company and its authorized officer is filed. The Appellants - claimants have agreed to receive and the second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand 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. The apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal. The apportioned share amount of appellant Nos.2 & 3 (minors) shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the their names till they attain the age of majority and guardian of the minors (mother) is at liberty to withdraw the accrued interest periodically and the apportioned share amount of appellant Nos.1, 4 & 5 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 LL