HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 6771/2010 (MV) (Lok Adalat No. 4316/2017) BETWEEN:
Smt. Pushpa Kumari W/o Chandrashekaraiah, Aged about 47 years, Mother of deceased Tilal Prabhu, R/o Prabhu Nilaya, 8th Cross, Siddarameshwara Layout, Tumkur, Now residing at 6th Cross, Geetha Road, K.G.F. .. Appellant (By Sri. S. Mahesh for M/s. Mahesh & Co., Advocates) AND:
1. Sri. M. Byanna S/o Late Munnivenkatappa, RC Holder, Boovanahally Village, Nadaramangala Post, Malur Taluk, Kolar District.
2. The United India Insurance Co. Ltd., B.M. Road, Robertsonpet, K.G.F., Policy No.71500/47/04/01503 Valid from 23.3.2005 to 22.3.2006. .. Respondents (By Sri. P.B. Raju, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 03.12.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.09.2009 PASSED IN M.V.C. NO.17/2007 ON THE FILE OF ADDL. CIVIL JUDGE (SR. DVN.) AND MACT, KGF, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – United India Insurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum compensation of Rs. 1,25,000/- (Rupees One Lakh Twenty Five 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 learned Tribunal is directed to deposit the amount of Rs.1,25,000/- in the name of the claimant Smt. Pushpa Kumari in State Bank of India, Siddaganga Extension, Tumakuru in her A/c No. 64049091225, IFSC SBIN 0040334 forthwith.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv