HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI. K.P. YOGANNA, MEMBER M.F.A.No. 602/2018 (MV) (Lok Adalat No. 455/2019) BETWEEN 1. Smt. Shubha, W/o Late Naveenkumar, Aged about 26 years, 2. Master Parinithgowda, S/o Late Naveenkumar, Aged about 6 years, 3. Arasegowda @ Sannaswamy, S/o Hanumanthe Gowda, Aged about 58 years, 4. Rathnamma, W/o Arasegowda @ Sannaswamy, Aged about 48 years, 5. Nayanakumar, S/o Arasegowda @ Sannaswamy, Aged about 23 years, 6. Sannidhi N. Gowda, S/o Late Naveenkumar, Aged about 3 years, Appellants No.2 & 6 are minors Rep. by natural guardian their Mother, 1st Appellant Appellants No.1 to 6 are R/at Anugavalli Village, Dubba Hobli, Hassan Taluk, Hassan District - 573 201. ... Appellants (By Sriyuths H.M. Girisha & K.S. Ananda, Advocates) AND 1. Suresh B.R, S/o Rudregowda, Guduganhalli Village, Heggattu Post, Gandasi Hobli, Arasikere Taluk, Hassan District - 573 201.
2. Venugopal, S/o Srinivasa, Aduvalli Village, Hassan Taluk, Hassan District - 573 201.
3. Shriram General Ins. Co. Ltd., E-8, R.I.I.C.O Industrial Area, Seethapura, Jaipura, Rajasthan - 302 022 India.
Rep. by Manager, Shriram General Ins. Co. Ltd., No.5, 3rd Floor, Monakal Chambers Infantry Road, Shivaji Nagar, Bengaluru. ... Respondents (By Sri. O. Mahesh, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2016 PASSED IN MVC NO.529/2014 ON THE FILE OF THE PRINICPAL SENIOR CIVIL JUDGE, MEMBER, ADDL. MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants - claimants 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.6,00,000/- (Rupees Six Lakhs 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, sum of Rs.1,00,000/- each shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant Nos.2 & 6 till they attain the age of majority with a liberty to guardian of minor appellants to withdraw the accrued interest periodically. Sum of Rs.1,00,000/- each shall be released in favour of appellant Nos. 3 and 4 and the remaining amount of Rs.2,00,000/- shall be released in favour of appellant No.1, 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 LL