HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.2858/2018 (MV) (Lok Adalat No.3709/2019) BETWEEN:
1. Smt. Sampurna, Aged about 28 years, W/o. Late. Harinath Reddy.
2. Master Y. Yeswanth Reddy, Aged about 7 years.
3. Master. Rushitarak Reddy, Aged about 5 years.
Sl. Nos. 2 and 3 are sons of Late Harinath Reddy, Since minors represented by Their Mother and natural Guardian Smt. Sampurana The appellant No.1 herein.
4. Sri. Erappa Reddy, Aged about 60 years, S/o. Late Gangi Reddy.
All are permanent residents of Kanchi Reddy Palli, Mamadugu Post, Gangavaram Mandalam, Palamaner Taluk, Chittor District, Andhra Pradesh – 556 708.
Presently at:
C/o. No.48, 5th Cross, NMH Layout, Near Sapthagiri College, Hesarughatta Road, Bengaluru – 560 073.
(By Sri. Nagaraja Reddy D, Advocate) AND:
1. The United India Insurance Company Ltd., Regional Officer, Krushi Bhavan, 5th and 6th Floor, Hudson Circle, Bangalore – 560 027, Rep. by its Regional Manager.
2. Sri. V. Balasubramanyam, Major, S/o. Vedivel Chettior, R/o. No.28, 7th East Main Road, Gandhinagar, Vellor, Tamil Nadu – 600 075.
(By Sri. Mohan Kumar T, Advocate for R1) ...Appellants ...Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 27.09.2017 passed in MVC No.973/2016 on the file of the X Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (SCCH – 16), 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 first 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 first respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.5,25,000/- (Rupees Five Lakhs Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 entire enhanced compensation amount shall be disbursed as per the orders of the Claims Tribunal on proper identification and acknowledgment.
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 AP/-