HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

BEFORE THE LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF DECEMBER, 2015 CONCILIATORS PRESENT:

THE HON'BLE MR.JUSTICE B.VEERAPPA

AND

SRI. R.B. SATHYANARAYANA SINGH, MEMBER

MISCELLANEOUS FIRST APPEAL NO. 9542/2012

(LOK ADALATH NO. 2731/2015)

BETWEEN:

• 1. RENUKA, W/O NAVEEN KUMAR @ YOGISH, AGED ABOUT 28 YEARS,
• 2. CHAITHANAIAH, S/O NAVEEN KUMAR @ YOGISH, AGED ABOUT 6 YEARS,
• 3. SUCHITRA D/O NAVEEN KUMAR @ YOGISH AGED ABOUT 4 YEARS

SINCE APPELLANT NO.2 AND 3 ARE MINORS REPRESENTED BY NATURAL GUARDIAN MOTHER i.e., APPELLANT NO.1

ALL ARE RESIDENT OF SATHENAHALLI VILLAGE CHOWLAGALA POST, DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK, HASSAN DISTRICT.

PRESENTLY RESIDIANG AT NO.4, 58, 4TH T CROSS SAMPIGE ROAD, BASAPPA CIRCLE RAJAGOPALANAGAR, BANGALORE-560058. ... APPELLANTS

(BY SRI. CHETHAN. B., ADVOCATE)

AND:

• 1. YOGESH. K, MAJOR, RESIDENT OF KALLUR VILLAGE, MAGADI TALUK-562120. RAMANAGARA DISTRICT.
• 2. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., NO.540, SASNANK COMPLEX, 1ST FLOOR, OPP SUB-REGISTRAR'S OFFICE, MYSORE MAIN ROAD, KENGERI, BANGALORE-560060. ... RESPONDENTS

(BY SRI. ASHOK N. NAIK, ADVOCATE FOR R-2)

… THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2012 PASSED IN MVC NO.1475/2011 ON THE FILE OF THE I ADDITIONAL, SMALL CAUSES JUDGE & MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the claimants-appellants and

the learned counsel for the Insurance Company 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.4,50,000/- (Rupees Four Lakhs and 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% per annum from the date of default, till the date of deposit.

4. Out of the enhanced compensation, Rs.2,25,000/ shall be deposited in the name of appellant No.1 in any of the Nationalised Bank for a period of five years with liberty to withdraw the periodical interest as and when it accrues which shall be used for educational purpose of appellant

3

Nos. 2 and 3. The balance amount of Rs. 2,25,000/- shall be released in favour of appellant No.1.

5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly. Office to draw the award, accordingly.

Sd/- Judge

Sd/- Member

Nsu/-