HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.3935/2018 (MV) (Lok Adalat No.3722/2019) BETWEEN:
Smt. Rathnamma, W/o. Shivanna, Aged about 44 years, Residing at:
No.37, Alukuli Village, I.Gollahalli Hobli, Kanakapura Taluk, Ramanagara District – 562 117. (By Sri. Girimallaiah, Advocate) AND:
1. United India Insurance Company Ltd., Regional Office, T.P. Hub, Krishi Bhavan, 6th Floor, Hudson Circle, Nrupathunga Road, Bengaluru – 560 001.
...Appellant 2. Mr. Somashekar K.M. S/o. Mahadevaiah K.N., Major, (Age & Father not known to The appellant), R/at Santhe Kodihalli Post, Kanakapura Taluk, Ramanagara District – 562 117.
(By Sri. O Mahesh, Advocate for R1) ...Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 01.01.2018 passed in MVC No.503/2014 on the file of the Senior Civil Judge and MACT, Kanakapura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed:
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the first Respondent –United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.2,90,000/- (Rupees Two Lakhs Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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. Out of the enhanced compensation amount, an amount of Rs.1,00,000/- is to be deposited in the name of the appellant-claimant in any Nationalized Bank for a period of two years and she is permitted to draw the accrued interest and the remaining amount of Rs.1,90,000/- shall be released in favour of the appellant – claimant, on proper identification and acknowledgment.
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 AP/-