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Karnataka High Court

Smt Kariyamma vs G S Sampath Kumar on 8 September, 2014

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 HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE
              BEFORE THE LOK ADALAT

   IN THE HIGH COURT OF KARNATAKA AT BANGALORE

    DATED THIS THE 08TH DAY OF SEPTEMBER, 2014

                 CONCILIATORS PRESENT:

          HON'BLE MR. JUSTICE ARAVIND KUMAR
                           AND
               SMT.H.R.RENUKA, MEMBER

           Miscellaneous First Appeal No.8816/2012
                   (Lok Adalat No.1849/2014)
BETWEEN

1.SMT KARIYAMMA
AGED ABOUT 38 YEARS
W/O LATE SANNATHIMMAIAH

2.KUM MAHALAKSHMI
AGED ABOUT 21 YEARS
D/O LATE SANNATHIMMAIAH

3.KUM RANGATHAYI @ RANGAMMA
AGED 18 YEARS NOT COMPLETED
D/O LATE SANNATHIMMAIAH

4.KUM RAMYA
AGED 15 YEARS
D/O LATE SANNATHIMMAIAH

5.RANGANATHA
AGED 13 YEARS
D/O LATE SANNATHIMMAIAH

6.SRINIVASA
AGED 10 YEARS
D/O LATE SANNATHIMMAIAH
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APPELLANTS 3 TO 6 ARE MINORS
REP.BY NATURAL GUARDIAN
1ST APPELLANT BEING MOTHER
ALL ARE R/O SOMESHWARAPURAM
TUMKUR 572 101
                                    ... APPELLANTS
(By Sri : PATEL D KAREGOWDA, ADVOCATE)

AND

1.G S SAMPATH KUMAR
AGED 60 YEARS
S/O SRINIVASA SHETTY
NO 92, 2ND MAIN 6TH CROSS,
J B KAVAL MAHALAKSHMI LAYOUT,
BANGALORE 96

2.THE UNITED INDIA INSURANCE CO LTD.,
NO 25, SHANKARNARAYANA BUILDING,
M G ROAD, BENGALURU 1
BY ITS MANAGER
                                      ... RESPONDENTS

(By Sri : S KRISHNAKISHORE, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.02.2012 PASSED IN MVC NO.1196/2007 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-IX, TUMKUR ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 11.3.2014 THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent - Insurance Company along with its counsel 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.3,25,000/- (Rupees Three lakh twenty five 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. Out of the enhanced compensation Rs.81,250/- to be released in favour of first appellant. The balance amount is ordered to be deposited equally among other appellants. It is hereby ordered that the compensation awarded to appellants 2 and 3 shall be kept in fixed deposit in any Nationalised bank for a period of three years and they are entitled to withdraw the said amount with accrued interest. The compensation awarded to 4 appellants 4, 5 and 6 shall be kept in fixed deposit in any Nationalised bank till they attain the age of majority.

5. This miscellaneous first appeal stands disposed of in terms of the Joint memo The Judgment and Award of the Tribunal stands modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE Sd/-

MEMBER DKB