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 RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 6082/2013 (MV) (Lok Adalat No. 752/2016) BETWEEN 1. S. Shilpa W/o Late Nagaraju, Aged about 31 years, 2. Yeshwanth K.N. S/o Late Nagaraju, Aged about 13 years, 3. Aishwarya K.N. D/o Late Nagaraju, Aged about 10 years, 4. Gunavathi K.N.
D/o late Nagaraju, 4 years, Kukurudoddi Grama, Maddur Taluk, Mandya Dist. – 571401.
Appellant Nos.2 to 4 since minors, All are represented by natural Guardian mother, S.Shilpa Appellant No.1. ... Appellants (By Sri Marigowda, Advocate) AND 1. Gunshree V.
D/o Nanjundaiah Vishwanath Major, No.1930, C-Block, Shankarnagar, Kodigehalli Main Road, Bangalore – 560 092. [owner of Alto Car bearing No.KA-51/M-8817] 2. The Branch Manager, Royal Sundaram Alliance Ins. Co. Ltd., 1st and 2nd Floor, Sri Balaji Sovereign, No.132, Bridge Road, Bangalore – 560 025. ... Respondents (By Sri P.B.Raju directed to take notice for R-2, Notice to R-1 d/w. v.c.o. dated: 05.02.2016] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2013 PASSED IN MVC NO. 462/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, 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 claimants - appellants and the learned Counsel for the respondent – Royal Sundaram Alliance Insurance Company Limited 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. 3,50,000/- (Rupees Three Lakhs Fifty 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 in terms of the Judgment and Award passed by the Tribunal. The compensation payable to the minor claimants shall be kept in fixed deposit in their names in any Nationalized / Scheduled Bank till they reaches the majority to be renewed annually. The compensation payable to other claimant i.e. appellant No.1 shall be disbursed in her favour, 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 Mkm/Rbv Sd/- MEMBER