Karnataka High Court
Smt. Rajeswari vs United India Insurance Co. Ltd on 13 July, 2019
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2019
CONCILIATORS PRESENT:
THE HON'BLE SHRI JUSTICE S SUNIL DUTT YADAV
&
SRI VIJAY KUMAR MAJAGE, MEMBER
M.F.A.No.8410/2015 (MV)
(Lok Adalat No.677/2019)
BETWEEN:
1. SMT. RAJESWARI
W/O. LATE. RAVI K.
AGED ABOUT 38 YEARS
2. PUNITH PRAJWAL R.
S/O. LATE. RAVI K.
AGED ABOUT 16 YEARS
3. NITHIN PRAJWAL R.
S/O. LATE. RAVI K.
AGED ABOUT 11 YEARS
SINCE THE APPELLANT NOS.2 AND 3
ARE MINORS REPRESENTED BY
NATURAL GUARDIAN
MOTHER APPELLANT NO.1
ALL ARE RESIDING AT
R/AT NO. 67, N.R. COLONY
2
VIDHATHA SCHOOL ROAD
ANEKAL TALUK
BANGALORE DIST - 562 106. ... APPELLANTS
(BY SRI. K SHANTHARAJ)
AND
1. UNITED INDIA INSURANCE CO. LTD
REGIONAL OFFICE, 5TH FLOOR
KRISHI BHAVAN, HUDSON CIRCLE
BANGALORE - 560 001.
2. M/S. G.S. ENTERPRISES
NO. 325, 8TH CROSS, 4TH PHASE
PEENYA INDUSTRIAL AREA
BANGALORE - 560 058. ... RESPONDENTS
(BY SRI. Y K SHESHAGIRI RAO, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.09.2014 PASSED IN MVC NO.4146/2013 ON THE FILE OF THE XXI A.C.M.M & XXIII A.S.C.J, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent - United India Insurance Company Limited along with its representative are present. 3
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.9,00,000/- (Rupees Nine Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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. Since appellant Nos.2 and 3 are minors, their entire share amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank with annual renewal in their names till they attain the age of majority and guardian of appellant Nos.2 and 3 is at liberty to draw the accrued interest periodically. The share amount of appellant No.1 shall be released in her favour, on proper identification. 4
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 NR/-