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.804/2019 (MV) (Lok Adalat No.2403/2019) BETWEEN:
1. SMT. SEETHAMMA W/O LATE VENKATARAYAPPA AGED BOUT 57 YEARS 2. SRI SRINIVASA S/O LATE VENKATARAYAPPA AGED ABOUT 32 YEARS 3. SMT. NARYANAMMA D/O LATE CHIKKAMARIGOWDA AGED ABOUT 42 YEARS ALL ARE R/AT BUDAGARAHALLI DIBBURAHALLI, CHIKKABALLAPURA, PIN CODE NO.-562 105 ... APPELLANTS (BY SRI K.V.NAIK, ADVOCATE) AND:
1. SMT. MALEKA SULTANA HIRANI W/O SULEMAN AGED BY MAJOR NO.10-75, INDRAVELI, ADILABAD-504 346 (R.C.OWNER OF CAR BEARING REG.NO.TS-01-EJ-2424) 2. THE MANAGER THE UNITED INDIA INSURANCE CO.LTD. REGIONAL OFFICE 5TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU-560 027 ... RESPONDENTS (BY SRI P.B.RAJU, ADVOCATE FOR R2; NOTICE TO R1 IS D/W V/O DTD: 01.03.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.08.2018 PASSED IN MVC NO.6388/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, 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.2,56,000/- (Rupees Two Lakh Fifty Six 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. The apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal. The entire apportioned share of appellant Nos.1 and 2 shall be released in their favour, on proper identification. As regards entitlement of appellant No.3, 25% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of the appellant No.3-claimant No.3 for a period of three years and she is entitled to withdraw the accrued interest periodically and remaining 75% shall be released 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 Sd/- MEMBER NR/-