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 B.VEERAPPA & SRI M.N.UMASHANKAR, MEMBER M.F.A.No. 10761/2010 (MV) (Lok Adalat No. 4330/2017) BETWEEN Sharanya D/o Shankar C. Aged 9 years, Minor, represented by her father and natural guardian C.Shankar S/o. Chinnappa, R/at C/o. Kuppa, 4th Cross, Begur Main Road, Lakshmi Layout, Garvebovipalya, Bangalore. ... Appellant (By Sri R.Chandrashekar, Advocate) AND 1. The Oriental Ins. Co. Ltd., No.22, DVG Road, V.C.Plaza, Basavanagudi, Bangalore – 4, Rep. by its Manager.
2. Narayanaswamy N, Major, S/o Narayanappa, Rajesh Nilaya, GNR Layout, Near LIC Office, Chitamani, Kolara District – 563 125. ... Respondents (By Sri O.Mahesh, Advocate for R-1, Notice to R-2 d/w. v.c.o. dated 26.11.2014] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2009 PASSED IN MVC NO. 4948/2007 ON THE FILE OF 14TH ADDL. JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BANGALORE CITY, 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 claimant-appellant and the learned Counsel for the respondent – Oriental Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 45,000/- (Rupees Forty Five 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, 50% shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank till attains majority with liberty to withdraw the interest periodically. The remaining 50% shall be released in favour of the guardian of minor appellant, 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 Sd/- MEMBER