HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI M.N. UMASHANKAR, MEMBER M.F.A. No. 8365/2014 (MV) (Lok Adalat No. 1699/2017) BETWEEN:
1. Smt. Sumithra, W/o K.G. Nataraj, Aged about 50 years, Asha Bangel Store, Bejjavalli, Thirthahalli Taluk, Shimoga District - 577201.
2. Sri Ashoka S/o Late K.G. Nataraj, Aged about 29 years, Dumb and deaf, mentally unsound and physically handicapped, Rep. by his next friend mother, First appellant herein Asha Bangel Store, Bejjavalli, Thirthahalli Taluk, Shimoga District – 577201.
3. Smt. Asha D/o Late K.G.Nataraj, Aged about 30 years, r/o Bejjavalli, Thirthahalli Taluk, Shimoga District – 577 201. .. Appellants (By Sri. M.V.Maheswarappa., Advocate) AND:
1. Sri K.K.Bhaskar S/o Krishnappa, Aged Major, [owner of the Mini Bus Bearing Reg. No.KA-14/9761] r/o Kammaradi, Koppa Taluk, Shimoga District – 577 201.
2. Sri Keshava S/o Puttaiah Gowda, Aged major, [driver of the Mini Bus bearing Reg.No.KA-14/9761] r/o Ramakrishnapura, Thirthahalli Taluk, Shimoga District – 577201.
3. Bajaj Alliance General Insurance Co. Ltd., Policy No.OG.06-1702-1812-0000070, Valid upto 15.04.2007. No.107, 1st Floor Crystal Are, Near Hotel Roopa, Balmath Road, Mangalore – 575001.
4. Sri Dinamani alias Mani, S/o Somaiah Gowda, Aged major, r/o Jambe, Thirthahalli Taluk, Shimoga District – 577201. [Driver of Jeep bearing Reg.No.KA-14/M-3196].
5. Sri Kolluraiah Gowda S/o Ranganna Gowda, Aged major, Owner of Jeep bearing Reg.No.KA-14/M-3196.
r/o Siribyle, Thirthahalli Taluk, Shimoga District – 577201.
6. The Oriental Insurance Co. Ltd., Policy No.13350/2006, Office Code 422701, Valid from 31.03.2006 to 30.03.2007, 1st Cross, Garden Area, Shimoga – 577 201. …Respondents (By Sri B.Pradeep, Advocate for R-3, Sri. M.S.Sriram, Advocate for R-6 and Notice to R-1, R-2, R-4 and R-5 d/w v.o. dated 26.02.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.01.2012 PASSED IN M.V.C. NO.479/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT – II AND MACT, SHIMOGA, 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 appellants and the representative of Respondent Nos.3-Bajaj Alliance Gen. Insurance Co. Ltd., and Respondent No.6-Oriental Insurance Co. Ltd.., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellants- claimants have agreed to receive and the Respondent No.3-Bajaj Alliance Gen. Insurance Co. Ltd., and Respondent No.6-Oriental Insurance Co. Ltd., have jointly agreed to pay a lump-sum of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand only) in the ratio of 50% each, in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A jo.int Memo is filed on behalf of the parties to this effect.
3. The Respondent No.3-Bajaj Alliance Gen. Insurance Co. Ltd., and Respondent No.6-Oriental Insurance Co. Ltd. have 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, a sum of Rs.80,000/- shall be deposited in fixed deposit in the name of the appellant Nos.1 to 3 proportionately in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- shall be released in favour of appellant Nos.1 to 3 proportionately on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Mkm