HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 7670/2012 (MV) (Lok Adalat No. 5001/2017) BETWEEN 1. Pyare Jan alias Parajan, Aged about 70 years, S/o Late Azeez Saheb, 2. Smt. Khutejabi, Aged about 63 years, W/o Pyare Jan alias Parajan. All are r/at Kannamangala Palya, Kasaba Hobli, Devanahalli Taluk, Bangalore District. ... Appellants (By Sri. Shripad V.Shastri and Sri. K.V.Naik., Advocates) AND 1. Smt. Shameem Taj, W/o Late P.Zabiulla @ Sheikh Zabiulla, Aged about 27 years.
2. Kumari Ayesha Siddiqa @ Shifa, D/o Late P.Zabiulla @ Sheik Zabiulla, Aged about 7 years.
3. Master Mohammed Faiz alias Faizulla, aged about 6 years, S/o Late P.Zabiulla alias Sheik Zabiulla.
4. Kumari Sumaya Firdouse, D/o Late P.Azbiulla alias Sheikh Zabiulla, Aged about 3½ years.
All are r/at Kannamangala Palya, Kasaba Hobli, Devanahalli Taluk, Bangalore District.
Respondents 2 to 4 are minors Rep: by their natural guardian And Mother Respondent No.1.
5. Sri Lokesh, Major, S/o Chandregowda, Chikka Hanumanahally, Hassan Taluk and District.
6. The Regional Manager, M/s. United India Insurance Co. Ltd., No.25, 1st Floor, Shankara Narayana Buildings, M.G.Road, Bangalore. ... Respondents (By Sri Ravish Benni, Advocate for R-6, Notice to R-5 d/w. v.c.o. dated 17.10.2014] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.10.2011 PASSED IN MVC NO. 9529/2009 ON THE FILE OF VII ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT-3, BANGALORE, 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 claimants-appellants, respondent Nos.1 to 4 and the learned Counsel for the 6th respondent – United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimants and respondent Nos.1 to 4 have agreed to receive and the 6th Respondent – Insurance Company has agreed to pay a lump sum of Rs.1,60,000/- (Rupees One Lakh Sixty 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 in terms of the Judgment and Award passed by the Tribunal. The compensation payable to the minor children shall be deposited in fixed deposit in their names in any Nationalized / Scheduled Bank till they reach the age of majority to be renewed annually. The compensation payable to other claimants shall be disbursed 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 Sd/- MEMBER Mkm/Rbv