HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 5794/2015 (MV) (Lok Adalat No. 1307/2017) BETWEEN 1. Smt. Shakeela Banu W/o Late Mohammed Jaleel, Aged about 31 years.
2. Mohammed Salman S/o Late Mohammed Jaleel, Aged about 13 years.
3. Mohammed Dadapeer S/o Late Mohammed Jaleel, Aged about 11 years.
4. Muskan D/o Late Mohammed Jaleel, Aged about 10 years.
5. A. Saniya D/o Late Mohammed Jaleel, Aged about 9 years.
Appellants No.2 to 5 are minors Represented by their natural guardian and Mother appellant No.1 Shakeela Banu.
All are R/o Chikkapet Road, Ward No.6, Azad Nagara, Hiriyuru Town-577 599. ... APPELLANTS (By Sri. B. Pramod, Advocate) AND 1. Kenchappa S/o Mahalingappa, Major, Owner of Tata Ace Bearing Registration No.KA-16/B-6716, R/at No.195, Hosakere, Hiriyur Taluk-577 546.
2. The Branch Manager, Shriram General Insurance Co. Ltd., Branch Office: E-8, EPIP RICO Industrial Area, Sitapura, Jaipur-303 022, Rajasthan State. ... RESPONDENTS (By Sri. O. Mahesh, Advocate for R-2, Notice to R-1– d/w v.c.o. dated 02.02.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2015 PASSED IN MVC NO. 172/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HIRIYUR, 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 – Shriram General Insurance Co. Ltd. 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. 2,50,000/- (Rupees Two 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. Out of the enhanced compensation amount of Rs.2,50,000/-, the appellant Nos.1 to 5 are entitled for compensation of Rs.50,000/- each. The entire shares of appellant Nos.2 to 5 i.e. Rs.50,000/- each shall be deposited in fixed deposit in their names in any Nationalized / Scheduled Bank till they attains the age of majority with liberty to the minor guardian to withdraw the interest periodically. The entire share of appellant No.1 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 Rbv Sd/- MEMBER