HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.5284/2017 (MV) (Lok Adalat No.2511/2018) BETWEEN:
1. SMT. S ESHWARAMMA W/o LATE CHENNA REDDY S, AGED ABOUT 43 YEARS 2. KUM. S. AMRAVATHI D/o LATE CHENNA REDDY S AGED ABOUT 27 YEARS 3. S SHIVA CHANDRA REDDY S/o LATE CHENNA REDDY AGED ABOUT 23 YEARS 4. MASTER S. GIRIDHARA REDDY S/o LATE CHENNA REDDY S AGED ABOUT 17 YEARS, MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. S ESHWARAMMA ALL ARE RESIDING AT: NO.2/29, MAIN ROAD, GANDLAPENTA KADRI TALUK ANNAANTHAPUR DISTRICT, ANDHRA PRADESH-610005 ... APPELLANTS (BY SRI. SHRIPAD V SHASTRI AND K V NAIK, ADVOCATES) AND:
1. SRI SRINIVASA S/o REDDAPPA, MAJOR IN AGE, RESIDING AT KURUTHAHALLI VILLAGE, KALLAHALLI POST, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT 2. THE REGIONAL MANAGER M/s UNITED INDIA INSURANCE COMPANY LTD., 6TH FLOOR, KRUSHI BHAVAN BUILDINGS, CORPORATION CIRCLE, BANGALORE-560001 ... RESPONDENTS (BY SRI. B A RAMAKRISHNA FOR R2; NOTICE TO R1 IS D/W V/O DT 03.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.01.2017 PASSED IN MVC NO.735/2014 ON THE FILE OF THE VIII ADDITIONAL DISTRICT & SESSIONS JUDGE, C/C. IX ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, 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 Appellants - claimants and the learned Counsel appearing for the second 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.4,34,000/- (Rupees Four Lakh Thirty Four Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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, 60% awarded to appellant No.1, Out of the said amount, 75% shall be released in his favour, on proper identification and remaining 25% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in her favour for a period of three years with a liberty to draw accrued interest periodically. Appellant No.3 is entitled for Rs.5,000/- and the same shall be release in his favour, on proper identification. Remaining amount shall be released in favour of Appellant Nos.2 and 4 equally, on proper identification.
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 NR/-