HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 927/2015 (MV) (Lok Adalat No. 3606/2016) BETWEEN 1. MRS VINODA SHETTY W/O LATE MOHAN SHETTY, AGED ABOUT 39 YEARS, 2. KUM CHETHANA SHETTY D/O LATE MOHAN SHETTY, AGED ABOUT 21 YEARS, 3. KUM HARSHITHA SHETTY D/O LATE MOHAN SHETTY, AGED ABOUT 16 YEARS, MINOR REP BY HER MOTHER AND NATURAL GUARDIAN VINODA SHETTY, ALL ARE RES/AT SEREHITHLU HOUSE, KALLAMUNKOOR VILLAGE AND POST, VIA MOODABIDRI-574227, MANGALORE.
( BY SRI. KRISHNAMOORTHY D., ADV) ... APPELLANTS AND 1. P ALAGUSAMY, S/O PERMAL, AGED ABOUT 59 YEARS, SINCE DEAD BY LR’S SMT.KALIYAMMAL, W/O P.ALAGUSAMY, AGED ABOUT 52 YEARS, RES/AT 42A/13F, PRESIDENT VENKATA RAO STREET, MAHANUR ROAD, NAMAKKAL-637001, TAMIL NADU STATE, INDIA.
2. RELIANCE GENERAL INSURANCE CO LTD SHREE LAKSHMI COMPLEX, 1ST FLOOR, SWARMPAPURI, SALEM-636004, HAVING ITS BRANCH OFFICE AT MARKS BUILDING, ALUKHAS JEWELLARY LIGHT HOUSE ROAD, HAMPANAKATTA, MANGALORE-575001.
REP/BY ITS MANGER.
... RESPONDENTS (BY SRI. ASHOK N PATIL, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:1.9.2014 PASSED IN MVC NO.849/2011 ON THE FILE OF THE 6TH ADDITIONAL DISTRICT & SESSIONS JUDGE, MACT, D.K., MANGALORE, c/c, 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 – Reliance 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. 90,000/- (Rupees Ninety 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 as per the ratio adopted by the Claims Tribunal. However, the apportioned share amount of appellant Nos.1 & 2 shall be released in their favour, on proper identification. Since the appellant No.3 is a minor, her entire share amount shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in her name till she attains the age of majority and the guardian of the minor appellant is at liberty to withdraw the accrued interest periodically.
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 BVK