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.2187/2015 (MV) (Lok Adalat No.2398/2019) BETWEEN:
M/s Oriental Insurance Company Limited, Regional Office, No.44/45, Leo Shopping Complex, Residency Road, Bengaluru - 560 025.
Rep. by its Authorized Signatory ... Appellant (By Sri. A.M. Venkatesh, Advocate) AND:
1. Rupali Ray, W/o Late Ramnish Wason, Aged about 31 years, R/at A-306, Mahaveer Dazzle, Hoodi Circle, P.O Mahadevapura, Bengaluru - 560 048.
2. Rushika Ray, D/o Late Ramnish Wason, Aged about 3 years, Minor rep. by her mother and Natural Guardian Rupali Ray, R/at A-306, Mahaveer Dazzle, Hoodi Circle, P.O Mahadevapura, Bengaluru - 560 048.
3. Smt. Neelam Wason, W/o Sri. Ashok Wason, Aged about 65 years, R/at EA-51, Ground Floor, Inderpuri, New Delhi - 110 012.
4. Ashok Wason, S/o Late Ram Swaroop Wason, Aged about 68 years, R/at EA-51, Ground Floor, Inderpuri, New Delhi - 110 012.
5. Puttaswamy, S/o Javaraiah, No.4, Near Mahadevapura Temple, Magadi Road, Badarahalli, Bengaluru City.
And also Residing at Marasanahalli, Channapattana Taluk, Ramanagara District - 562 119 Driver of offending vehicle Bearing No.KA-07/5400.
6. R.V. Suresh, S/o Venkatesh R, No.839, 4th Main Road, Vijayanagar, Bengaluru - 560 040. Owner of offending vehicle Bearing No.KA-07/5400. ... Respondents (By Sri. Swaroop Anand R, Advocate for R.1 to R4; Notice to R.5 d/w, v/o dt: 23.01.2017;
Sri. G. Desu Reddy & Associates, Advocate for R.6) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2014 PASSED IN MVC NO.174/2012 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, AWARDING COMPENSATION OF RS.1,03,18,100/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PAYMENT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Oriental Insurance Co. Ltd., and the learned Counsel appearing for the Respondent Nos.1 to 4 - claimants 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 Respondent Nos.1 to 4 - claimants (being authorized by the respondents to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The Respondent Nos.1 to 4 - claimants have agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.1,05,25,470/- (Rupees One Crore Five Lakhs Twenty-five Thousand Four Hundred and Seventy only) instead of Rs.1,03,18,100/- with interest at 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. Hence the Appellant - Insurance Company hereby agrees to pay the balance amount of Rs.43,25,000/- lump-sum in addition to the amount which has been already deposited.
3. The Appellant - 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. The amount if any deposited before this Court shall be transferred to the Tribunal.
4. The apportionment of the modified compensation amount shall be made as per the ratio adopted by the Claims Tribunal. In so far as, the share of respondent No.2 - claimant is concerned, the entire share amount shall be deposited in any Nationalized/ Scheduled Bank in the name of minor claimant till she attains the age of majority and guardian of the minor claimant is at liberty to withdraw the accrued interest periodically and the apportioned amount of respondent Nos.1, 3 & 4 - claimants shall be released in their favour, on proper identification. The respondent Nos.1, 3 & 4 - claimants are also entitled for refund of the amount along with interest accrued on the amount of deposit. The respondent Nos.1 to 4 are at liberty to claim the income tax rebate on interest of the amount deposited by the Appellant - Insurance Company from the income tax by filing an appropriate application or proceedings.
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