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.6651/2017 (MV) (Lok Adalat No.818/2019) BETWEEN:
1. NARASAKKA W/O LATE DODDANNA @ DODDARAJU AGED ABOUT 29 YEARS 2. ABHISHEK S/O LATE DODDANNA @ DODDARAJU AGED ABOUT 14 YEARS 3. SANTHOSH D.
S/O LATE DODDANNA @ DODDARAJU AGED ABOUT 11 YEARS 4. KUMARI LAKSHMI D/O. LATE DODANNA @ DODDARAJU AGED ABOUT 7 YEARS, 5. DASAPPA S/O MOOGA RANGAPPA AGED ABOUT 53 YEARS 6. KADURAMMA W/O DASAPPA AGED ABOUT 50 YEARS APPELLANTS NO.2 TO 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER – 1ST APPELLANT ALL ARE RESIDENT OF KEREHINDALA HATTI, SIRA TOWN – 572137 ... APPELLANTS (BY SRI SHANTHARAJ K, ADVOCATE) AND:
1. RUDRAMMA D/O ERANNA AGED ABOUT 31 YEARS, R/AT HUCHGIRANAHALLI VILLAGE, MELUKUNTE POST, KASABA, SIRA TALUK - 572137 2. UNITED INDIA INSURANCE COMPANY LTD REPRESENTED BY ITS MANAGER 1ST FLOR, RAJA COMPLEX, DR AMBEDKAR ROAD SIRA – 572137 ...RESPONDENTS (BY SRI C SHANKAR REDDY, ADVOCATE FOR R2) NOTICE TO R1 IS D/W V/O DTD: 21.08.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.07.2017 PASSED IN MVC NO.74/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, 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 – 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 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.9,25,000/- (Rupees Nine Lakhs Twenty Five 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. Since appellant Nos.2, 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.2, 3 and 4 is at liberty to withdraw the accrued interest periodically. The share amount of appellant Nos.1, 5 and 6 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 NR/-
Sd/- MEMBER