HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI. VIJAYAKUMAR MAJAGE., MEMBER BETWEEN M.F.A.No. 5097/2017 (MV) (Lok Adalat No.2448/2018) 1. Padmavathi K.@ Padma, W/o Late Srinivas, Aged about 32 years, 2. Varun B.S, S/o Late Srinivas, Aged about 15 years, 3. Nikitha B.S, D/o Late Srinivas, Aged about 13 years.
Since appellants 2 and 3 are Minors, represented by Natural guardian appellant No.1.
4. Lakshmaiah, S/o Venkataswamy, Aged about 75 years, 5. Smt. Sarojamma, W/o Lakshmaiah, Aged about 66 years, All are R/of No.12, Bidaraguppe Village, Attibele Hobli, Anekal Taluk - 562 107. ... Appellants (By Sri. K.T. Gurudeva Prasad, Advocate) AND 1. United India Insurance Company Limited, Krishi Bhavan, Next to Magistrate Court, Hudson Circle, Bengaluru - 560 010.
By its Divisional Manager.
2. Raghu, S/o Ramesh H, Bidaraguppe Village, Attibele Hobli, Anekal Taluk - 562 107.
(By Sri. Mohan Kumar T, Advocate for R1) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2017 PASSED IN MVC NO.515/2016 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU, 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 Appellants - claimants and the learned Counsel for the Respondent - United India Insurance Co., Ltd. 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.2,52,000/- (Rupees Two Lakh Fifty Two 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 as per the ratio adopted by the Claims Tribunal. However, the entire share amount of appellant Nos.1, 4 and 5 shall be released in their favour, on proper identification. The entire share amount of appellant Nos.2 and 3 shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in their names till they attain the age of majority with liberty to guardian of the minor appellants to withdraw 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 Sd/- MEMBER ag