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 AND SMT. H. R. RENUKA, MEMBER M. F. A. No. 6583/2012 (MV) LOK ADALAT NO. 5064/2017 Between:
SACHIN S.
S/O SHIVALINGAIAH, AGED ABOUT 11 YEARS, RESIDING AT NO.67/1, 8TH MAIN ROAD, SRINIVASA NAGAR PIPELINE ROAD, VISWANEEDAM POST, SUNKADAKATTE, BANGALORE-560091, SINCE THE APPELLANT IS MINOR REP. BY HIS MOTHER AND NATURAL GUARDIAN SMT. RATHNAMMA H. C.
(BY SRI. V. JAVAHAR BABU, ADV.) AND 1. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD.
... APPELLANT II FLOOR, INDIAN MUTUAL BUILDING, N.R. SQUARE, NEXT TO ULSOOR GATE POLICE STATION, BANGALORE-560002 2. SRI SHIVASHANKAR S/O KADARAPPA MAJOR IN AGE NO.197, VEERANAPALYA, VISWANEEDAM POST, BANGALORE-560091 3. SRI R KUMAR S/O RANGASWAMAPPA MAJOR IN AGE NO.222, RAJIVGANDHINAGAR, BANGALORE-91.
(BY SRI. M S SRIRAM, ADV. FOR R1) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.4.2012 PASSED IN MVC NO. 8854/2010 ON THE FILE OF 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BANGALORE CITY (SCCH- 10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned Counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of `2,60,000/- (Rupees Two Lakh Sixty Thousand only), in addition to what has been awarded by the Tribunal, as 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 9% per annum from the date of default, till the date of deposit.
4. The learned Tribunal is directed to release 50% of the said amount in favour of the minor appellant and to ensure that the remaining 50% of the amount is kept in a Fixed Deposit in any nationalized bank, to be renewed annually, till the minor attains the age of majority.
5. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the Tribunal is modified.
Draw the award accordingly.
Sd/- Judge Sd/- Member RD/MD