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. 784/2016 (MV) (Lok Adalat No. 3605/2017) BETWEEN 1. Vishala W/o Late Prabhakar, Aged about 39 years.
2. Goutham S/o Late Prabhakar, Aged about 8 years.
3. Hariprasad S/o Late Prabhakar, Aged about 5 years.
(Appellant Nos.2 and 3 are minors Represented by N/G mother Vishala).
4. Girijamma W/o Late B.S. Shivanna, Aged about 69 years.
All are R/o Baragur Village, Handanakere Hobli, C.N. Hally Taluk, Tumkur District – 572 119. ... APPELLANTS (By Sri. Chandrashekara K.A., Advocate) AND 1. Vinesh Kumar S/o Mallikarjunaiah, Major in age, R/o Kuppur, Settykere Hobli, C.N. Hally Taluk, Tumkur District – 572 119.
2. Oriental Insurance Co. Ltd., Jayadeva Hostel Building, B.H. Road, Tiptur, Tumkur District-572 201, (Represented by its Manager). ... RESPONDENTS (By Sri. Girish Kodgi, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 31.08.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.12.2015 PASSED IN MVC NO. 298/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIX MACT, ITINERATE COURT, CHIKKANAYAKANAHALLI, 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 – Oriental 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. 1,50,000/- (Rupees One Lakh Fifty 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 Judgment and Award passed by the Tribunal. The compensation payable to the minor children shall be kept 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 compensation payable to the other claimants shall be released in their favour, 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 Sd/- MEMBER Rbv