HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE H.P.SANDESH & SRI. I.S. PRAMOD CHANDRA, MEMBER MFA NO. 692 OF 2015 (Lok Adalat No.2081/2019) C/W MFA NO. 77/2015 (Lok Adalat No. 2082/2019) IN MFA NO.692/2015 BETWEEN:
1. M/S UNITED INDIA INSURANCE COMPANY LIMITED NO.750, RAJANNA BUILDING NEAR ANJANEYA SWAMY TEMPLE IST STAGE, PEENYA BANGALORE-560058 NOW REPRESENTED BY ITS REGIONAL OFFICE 6TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD BANGALORE-560001 REP BY ITS ADMINISTRATIVE OFFICER ...APPELLANT (BY SRI. A.M VENKATESH, ADV.,) AND:
1. S. VINITHA W/O LATE G SURESH BABU AGED ABOUT 22 YEARS R/O NO.53, 19TH BLOCK ARAKAVATHI LAYOUT CHALLAKERE BANGALORE-560043 AND ALSO R/A BOODHIMUTLU VILLAGE VEPANAPALLI POST KRISHNAGIRI TALUK TAMIL NADU STATE 2. SRI M. GOVINDAPPA S/O LATE MUNISWAMY AGED ABOUT 67 YEARS R/O NO.53, 19TH BLOCK ARAKAVATHI LAYOUT CHALLAKERE BANGALORE-560043 3. SMT. NARAYANAMMA W/O M GOVINDAPPA AGED ABOUT 57 YEARS R/O NO.53, 19TH BLOCK ARAKAVATHI LAYOUT CHALLAKERE BANGALORE-560043 4. MR. A. LAZAR S/O AROKIASWAMY MAJOR R/O NO.36, D STREET BAIDERAHALLI BENSON TOWN BANGALORE-560056 …RESPONDENTS (BY SRI. R.KRISHNA REDDY, ADV. FOR R1-R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2014 PASSED IN MVC NO.4592/2012 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BANGALORE, AWARDING COMPENSATION OF RS.9,81,846/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.77/2015 BETWEEN:
1. S. VINITHA AGED ABOUT 21 YEARS, W/O LATE G SURESH BABU NO.53, 19TH BLOCK, ARKAVATHI LAYOUT, CHALLAKERE, BENGALURU-560 043.
AND ALSO AT BOODHIMUTLU VILLAGE, VEPANAPALLI POST, KRISHNAGIRI TALUK, TAMIL NADU STATE.
2. M. GOVINDAPPA, AGED ABOUT 66 YEARS, S/O LATE MUNISWAMY, 3. SMT. NARAYANAMMA, AGED ABOUT 56 YEARS, W/O M GOVINDAPPA, BOTH ARE R/AT NO.53, 19TH BLOCK, ARKAVATHI LAYOUT, CHALLAKERE, BENGALURU-43.
(BY SRI. R. KRISHNA REDDY, ADVOCATE) AND:
1. A. LAZAR MAJOR, S/O AROKIASWAMY, NO.36, D. STREET, BAIDERHALLI, BENSON TWON, BENGALURU-560 046.
2. UNITED INDIA INSURANCE CO.LTD. NO.750, RAJANNA BUILDING NEAR ANJANEYA SWAMY TEMPLE I STAGE, PEENYA, ...APPELLANTS BENGALURU-560 058, REPRESENTED BY ITS MANAGER.
(BY SRI. A.M.VENKATESH, ADV., FOR R2 …RESPONDENTS NOTICE TO R1 – SERVED, NOTICE TO R2- UNREPRESENTED) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2014 PASSED IN MVC NO.4592/2012 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant - United India Insurance Company Limited (in MFA No.692/2015), along with its representative and the learned Counsel for the respondents No.1 to 4 - Claimants are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the Appellant – Insurance Company (being authorized by the appellant to sign) and the learned advocate appearing for the Respondents No.1 to 4 - Claimants and its authorized officer is filed. The appellant – Insurance Company has agreed to pay and the Respondents- Claimants have agreed to receive a lump-sum of Rs.16,00,000/- (Rupees Sixteen Lakh only), in full and final settlement of the claim.
3. The Appellant – 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. The amount if, any deposited before this Court shall be transferred to the jurisdictional Tribunal.
4. Out of the enhanced compensation amount of Rs.16,00,000/-, the Tribunal is directed to release the amount of Rs.8,00,000/- (Rupees Eight Lakh only) in favour of Respondent No.1 - Claimant and Rs.3,00,000/- each shall be released in favour of Respondents No.2 and 3 – Claimants. The remaining compensation amount of Rs.2,00,000/-, 50% each shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of the Respondents No.2 & 3 - Claimants for a period of three years with a liberty to withdraw the accrued interest periodically and another 50% each of the amount shall be released in their names, on proper identification.
5. The apportionment, deposit and release of the modified compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
6. This Miscellaneous First Appeal No. 692/2015 filed by the appellant – Insurance Company stands disposed of in terms of the joint Memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA No.692/2015, connected case in MFA No.77/2015 filed by the Claimants is hereby disposed of. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER MS*