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.6696/2014(MV) (LOK ADALATH NO.3027/2017) BETWEEN:
1. S. D. SUDHA, W/O S. SURESH, AGED 27 YEARS, 2. S. SURESH, S/O SIDDEGOWDA, AGED 39 YEARS, BOTH ARE R/O GUNDAPURA VILLAGE, MALVALLI TALUK, MANDYA DISTRICT-571426. (BY SRI PRAMOD R, ADVOCATE) AND 1. THE HEAD MISTRESS, DIVYA JYOTHI SCHOOL, R/O GOLLARAHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK-571428.
... APPELLANTS 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO. 363, SHRI HARI COMPLEX, SEETHA VILAS ROAD, MYSORE-571408.
... RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.08.2014 PASSED IN MVC NO.782/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, 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 claimants-appellants and the learned Counsel for the Insurance Company 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 lumpsum of Rs.1,90,000/- (Rupees One Lakh 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, Rs.90,000/- shall be deposited in the names of the appellants in any Nationalised Bank for a period of five years with liberty to them to withdraw the periodical interest as and when it accrues. The balance amount of Rs.1,00,000/- shall be released in favour of the appellants. The apportionment, deposit and release of the enhanced amount shall be in terms of the award passed by the Tribunal.
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/-