HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 7018/2013 (MV) (Lok Adalat No. 4231/2016) BETWEEN Smt. Asha K. W/o H.S.Rajanna, Aged about 25 years, Occ: Home Maker, R/o Kummanjipalya, Gulur Hobli, Tumkur Taluk and District – 572 219. ... Appellant (By Sri Jagadish G. Kumbar, Advocate) AND 1. Smt. Suvarnamma w/o late Siddaramaiah, aged about 58 years, Occ: Housewife, R/o Donneri Village, Marashettyhalli Post, Kadaba Hobli, Gubbi Taluk, Tumkur District – 572 219.
[Owner of the Tractor bearing Eng.No.RLDW 02834 Chassis No. RLDW02834] 2. The Royal Sundaram Alliance Ins. Co. Ltd., No.186/7, Raghavendra Complex, Wilson Garden, 1st Cross, Hosur Main Road, Bangalore – 560 027.
Rep. by its Manager, [insurance policy cover note No.3174243, Valid from 10.02.2011 to 09.02.2012] ... Respondents (By Sri O.Mahesh, Advocate for R-2, Notice to R-1 d/w. v.c.o. dated: 26.08.2015] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2012 PASSED IN MVC NO. 832/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-I AND ADDL. MACT, TUMKUR, 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 claimant - appellant and the learned Counsel for the respondent – Royal Sundaram Alliance Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 1,25,000/- (Rupees One 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. The entire enhanced compensation amount shall be disbursed in favour of the appellant, 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 Mkm/Rbv Sd/- MEMBER