HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 8148/2010 (MV) (Lok Adalat No. 5266/2016) BETWEEN:
1. Smt. Roopa, Aged about 23 years, W/o Late Paramesh.
2. Kum. Sushmitha, Aged about 3 years, D/o Late Paramesh, Minor rep. by her mother and Natural guardian – appellant No.1 3. Sarojamma, Aged about 62 years, W/o Late Siddaramappa, R/o No.2, 2nd Cross, T. Dasarahalli, Bangalore, Note: Petitioner No.3 before the Tribunal deleted since dead. .. Appellants (By Sri. S.C. Manjunath, Advocate) AND:
1. Sri. K.P. Solamani, No.27, 1st Cross, Giddappa Building, Ganganagar, Bangalore – 560 032.
2. United India Insurance Company Ltd., Divisional Office VI, No.89/1, 2nd Floor, 11th Cross, Sampige Road, Malleshwaram, Bangalore-560 003. .. Respondents (By Sri. C. Shankara Reddy, Advocate for R-2, Appeal against R-1 – dismissed v.c.o. dated 26.11.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.02.2010 PASSED IN M.V.C. NO.1548/2009 ON THE FILE OF THE 14TH ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU CITY, 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 appellants and the representative of Respondent-United India Insurance Company Ltd., along with its counsel 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 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. 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. Out of the enhanced compensation, the appellant Nos.1 to 3 are entitled for compensation in the ratio 40:40:20 and the amount payable to the wife and mother of the deceased shall be disbursed in their favour on proper identification. The compensation payable to the minor child shall be deposited in her name in any Nationalized / Scheduled Bank till she reaches the age of majority to be renewed annually.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv