HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B .V. VIDYULATHA, MEMBER M.F.A.No. 9024/2017 (MV) (Lok Adalat No. 400/2019) BETWEEN 1. Smt. Ramya W/o. Late Jayanna, Aged about 24 years.
2. Pratham Gowda G.J S/o. Late Jayanna, Aged about 3 ½ years.
Since Appellant No.2 is Minor, Rep. by his Mother and Natural Guardian Smt. Ramya.
3. Smt. Gowramma W/o. Late Rangegowda, Aged about 62 years.
All are R/at. # 84, Gudigondanahalli, Tiptur Taluk-572 217 Tumakuru District. ... Appellants (By Sri. M.R. Kumara Swamy, Advocate) AND 1. Apsarkhan S/o. Mahiddinkhan, Aged about 26 years, R/at. # 1294, 5th Main, Tiptur Taluk-572 201. Tumakuru District, (Owner of the TATA 407 bearing Reg.No. KA-36-5340) 2. Shriram Gen. Ins. Co. Ltd., E-8, EPIR, RIICO, Sitapur, Jaipur, Rajasthan-302 022.
Rep. by its Regional Office:
Shriram Gen. Ins. Co. Ltd., # 15, II Floor, Monarch Chamber, Infantry Road, Opp. Infantry Function Hall, Bengaluru – 560 001.
( Insurer of the TATA 407 bearing Reg.No.KA-36-5340) ... Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R.2) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2017 PASSED IN MVC NO.648/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIV M.A.C.T., TIPTUR, 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 – Shriram General Insurance Company Limited 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. 30,000/- (Rupees Thirty 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. The share amount of appellant Nos.1 and 3 shall be released in their favour, on proper identification.
The entire share amount of minor appellant No.2 shall be kept in fixed deposit in any nationalized/scheduled bank in his name till he attains the majority with a liberty to guardian/mother to draw the 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 KG