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 B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.3611/2012(MV) (LOK ADALATH NO.5085/2017) BETWEEN:
RANJITHA D/O LATE SURESH AGED ABOUT 13 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN, MOTHER, SMT CHANDRAMMA @ CHANDRAKALA AGED ABOUT 28 YEARS, RESIDENT OF YACHANAGHATTA VILLAGE, NUGGEHALLI HOBLI, C R PATNA TALUK & NOW R/AT MARANAGERE, TIPTUR TOWN AND TALUK, TUMKUR DISTRICT.
(BY SRI N D JAYADEVAPPA, ADVOCATE) AND 1. THE ORIENTAL INSURANCE CO., LTD., SRI. TEJA COMPLEX, D.NO.2.2.9/4, ... APPELLANT RAICHUR ROAD, MAHABOBONAGAR 509 001, ANDRAPRADESH STATE REP. BY ITS MANAGNER, ORIENTAL INSURANCE CO.LTD., IST FLOOR, JAYADEVA COMPLEX, B H ROAD, TIPTUR TOWN AND TALUK, TUMKUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER.
2. VENKATESHWARA REDDY S/O J BALAREDDY, AGED ABOUT 54 YEARS, R/AT HOUSE NO.36, NEAR JUNIOR COLLEGE, ATHMAKUR POST, ATHMAKUR, MAHABOOB NAGAR DISTRICT-509 001.
... RESPONDENTS (BY SRI C SHANKARA REDDY, ADVOCATE FOR R1) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.1.2012 PASSED IN MVC NO.1613/2008 ON THE FILE OF SENIOR CIVIL JUDGE & ADDITIONAL MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company along with its representative 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 lumpsum of Rs.40,000/- (Rupees Forty 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 entire enhanced compensation shall be deposited in the name of the appellant, who is minor- Kum.Ranjitha in any Nationalised Bank for a period of five years with liberty to the natural guardian - mother to withdraw the periodical interest as and when it accrues.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-