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 K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 9757/2018 (MV) (Lok Adalat No.2525/2019) BETWEEN 1. Smt. P.G. Mala, W/o late Prakasha, Aged about 40 years, 2. Chandana S/o Late Prakasha, Aged about 09 years, 3. Smt. Rathnamma, W/o Ningappa, Aged about 60 years, 4. Ningappa S/o Rangappa, Aged about 65 years, The appellant No.2 is minor, Rep. by her natural guardian, Mother-appellant No.1, All are r/o Belaguru Village, Srirampura Hobli, AND Hosadurga Taluk, Chitradurga District – 577 527. ... Appellants (By Sri Manjunath N.D., Advocate) 1. Shekharappa B.R., s/o Rangappa, major, r/o near Hospital Belaguru, Srirampura Hobli, Hosadurga Taluk, Chitradurga District – 577 527.
2. The Divisional Manager, New India Assurance Co. Ltd., P.B. No.62, # 289/12, 2nd Floor, A.M. Arcade, C.J.Hospital Road, Davanagere Town – 577 101.
(Policy No.39010231146203547415 Valid till 21.02.2016) ... Respondents (By Sri K.Poornabodha Rao, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2018 PASSED IN MVC NO.92/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOSADURGA, 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 – New India Assurance 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.6,00,000/- (Rupees Six Lakh 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 the appellant No.2 is minor, her entire share amount shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in her name till she attains the age of majority. Out of the share amount of appellant No.1, 3 and 4, 75% shall be released in their favour, on proper identification and remaining 25% amount shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in their names for a period of three years with a liberty to draw the accrued interest periodically.
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 Mkm* Sd/- MEMBER