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 RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER M. F. A. No. 2128/2013 (MV) LOK ADALAT NO. 6080/2017 Between:
UNITED INDIA INSURANCE CO. LTD.
DO-IV, SOUTH END ROAD, BANGALORE. THROUGH ITS REGIONAL OFFICE # 5TH & 6TH FLOORS, KRISHI BHAVAN, HUNDSON CIRCLE BANGALORE-560001 REP. BY ITS MANAGER, K CHANDRASHEKAR (BY SRI. S. KRISHNA KISHORE, ADV.) AND 1. SMT. NASREEN TAJ W/O LATE MOHAMMED ILLIYAS PASHA AGED ABOUT 29 YEARS 2. KUM. SHEEBA KOUSAR D/O LATE MOHAMMED ILLIYAS PASHA AGED ABOUT 10 YEARS ... APPELLANT 3. KUM. MISBATH KOUSAR D/O LATE MOHAMMED ILLIYAS PASHA AGED ABOUT 9 YEARS 4. MR. AMEER JAN S/O LATE RAJAPRAHESAAB AGED ABOUT 61 YEARS RESPONDENT Nos. 2 AND 3 ARE MINORS REPRESENTED BY THEIR MOTHER, RESPONDENT No.1 ALL ARE RESIDING AT NO.64 HAROHALLI, KANAKAPURA TALUK RAMANAGAR DISTRICT 5. P H BHASKR MAJOR S/O P K UCHANNA NO.9, TATA SILK FARM I CROSS, BBMP WARD NO.59 BANGALORE-560004 ... RESPONDENTS (BY SRI. VASANATHAPPA, ADV. FOR R1-R4 NOTICE TO R5 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.1.2013 PASSED IN MVC NO.546/2012 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.12,14,800/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION OF ENTIRE AMOUNT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned counsel for the claimants, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimants have agreed to receive and the Insurance Company has agreed to pay a global compensation of `10,70,000/- (Rupees Ten Lakh, Seventy Thousand only) with interest @ 6% p.a. from the date of petition till the date of realization, instead of `12,14,800/- (Rupees Twelve Lakh, Fourteen Thousand, Eight Hundred only), as full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The Insurance company has agreed to deposit the said amount before the learned Tribunal within a period of six weeks from the date of preparation of the award, failing which, the said amount shall carry an interest @ 9% per annum from the date of default, till the date of deposit.
4. The compensation amount shall be apportioned in accordance with the directions given by the learned Tribunal in the award. The amount of `7,28,880/- deposited by the Insurance Company, shall be sent back to the learned Tribunal. The learned Tribunal is directed to deposit 50% of the amount payable to the minors, in a Fixed Deposit in any nationalized bank, to be renewed annually, till they attain the age of majority. The remaining amount shall be released in favour of the claimants, on proper identification.
5. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
Sd/- Judge Sd/- Member RD/MD