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 MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER BETWEEN M.F.A.No.72/2017(MV) (Lok Adalat No.6737/2017) 1. SMT. RATHNAMMA AGED 22 YEARS, W/O. LATE MAHESH @ MAHESHWARAPPA, 2. KUMARI M POOJA, AGED 14 YEARS, D/O.LATE MAHESH @ MAHESHWARAPPA, 3. KUMARI M. NAGAMMA, AGED 13 YEARS, D/O. LATE MAHESH @ MAHESHWARAPPA, 4. M. ARJUN, AGED 10 YEARS, S/O.LATE MAHESH @ MAHESHWARAPPA, 5. M. PARASHURAM, AGED 7 YEARS, S/O.LATE MAHESH @ MAHESHWARAPPA, SINCE THE APPELLANT NOS.2 TO 5 ARE MINORS REPRESENTED THEIR NATURAL GUARDIAN MOTHER I.E., APPELLANT NO.1- SMT. RATHNAMMA, 6. SRI. ABHIMANYU @ ABRAMAIAH, AGED 57 YEARS, S/O. ARJUNAPPA, OCC:AGRICULTURAL & FISHERMAN.
7. SMT. THIPPAMMA, AGED 52 YEARS, W/O. ABHIMANYU @ ABRAMAIAH, ALL ARE R/AT BASAVARAJAPURA VILLAGE, CHANNAGIRI TALUK-577213, DAVANAGERE DISTRICT. ... APPELLANTS (BY SRI. D.R. BASAVARAJAPPA FOR SMT. BHAGYAMMA C.H., ADVOCATES ) AND 1. SRI. DODDA GURUJANARDHANA, AGED 37 YEARS, (DRIVER) S/O. GANGAREDDI, R/AT 7TH CROSS, KAMILA ROAD, BELLARY TOWN, BELLARY DISTRICT. PIN-574 212.
2. SRI. S.H. SRIKANTAPPA, AGED 84 YEARS, S/O. HANUMANTAPPA, R/AT 1ST MAIN, 2ND CROSS, BASAVESHWARA NAGAR, BELLARY TOWN, BELLARY DISTRICT.
PIN-574 212.
3. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., DAVANAGERE BRANCH, DAVANAGERE DISTRICT.
PIN-577 213. ... RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R3;
NOTICE TO R1 & R2 IS DISPENSED WITH V/O. DATED 24.11.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.01.2016 PASSED IN MVC NO.676/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI, 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.4,75,000/- (Rupees Four Lakhs Seventy 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 apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the claims Tribunal. The apportioned share amount of appellant Nos.1, 6 and 7 shall be released in their favour, on proper identification. Since appellant Nos. 2 to 5 are minors, their entire share amount shall be kept in fixed deposit in any Nationalized or Scheduled Bank in their names till they attain the age of majority with a liberty to natural guardian of the minor appellants 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY