HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 8299/2015 (MV) (Lok Adalat No. 3558/2017) BETWEEN 1. Sri. Basavaraju S/o Thirumale Gowda, Now Aged about 37 years.
2. Kum. Swathi B.B. D/o Basavaraju, Now aged about 16 years.
3. Kum. Sahana D/o Basavaraju, Now aged about 11 years.
4. Master. Sudeep B.B. S/o Basavaraju, Now aged about 9 years.
The Appellant Nos.2 to 4 are since Minors Rep. by their Father and Natural Guardian i.e. Appellant No.1.
All are residing at Banasamudra, Halagur Hobli, Malavalli Taluk, Mandya District – 571 430. ... APPELLANTS (By Sri. Rangegowda N.R., Advocate) AND 1. Sri. Byresh S/o Hanumantharayappa, Aged major, Thirumala Provision Store, Kothanur Dinne, J.P. Nagar 8th Phase, Bangalore – 560 078.
2. United India Insurance Co. Ltd., No.36/4, Opp: Thirtha Ashram, Kothanur Main Road, J.P. Nagar, 7th Phase, Bangalore-560 078. ... RESPONDENTS (By Sri. Jwala Kumar, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 18.08.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.07.2015 PASSED IN MVC NO. 1848/2014 ON THE FILE OF THE XX ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, 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 – United India 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 global sum of Rs. 6,27,000/- (Rupees Six Lakhs Twenty Seven 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. The apportionment of the enhanced compensation amount shall be made in accordance with the directions issued by the learned Tribunal in the Award. The amount payable to the minor children shall be deposited in fixed deposit in their names with the Nationalized / Scheduled Bank to be renewed annually, till the minor children reaches the age of majority. The amount payable to the appellant No.1 shall be disbursed in favour of the 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 Rbv Sd/- MEMBER