HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER BETWEEN Amita Jain, Aged 30 years W/o. Saket Jain, Raj Palya, Hoodi Circle, Bengaluru-560 048 Now Residing at:-
C/o. Susil Jain, Susil Emporium, Sarad Bazaar, M.F.A.No. 8624/2014 (MV) (Lok Adalat No.398/2018) Bhind-477 001 (MP) ... Appellant (By Sri. R. Chandrashekhar, Advocate) AND 1. B.N. Girish, Major, S/o. Ninge Gowda, Gulakay Hosahalli, Nagamangala Taluk, Mandya District-571 418.
2. Shriram Gen. Ins. Co. Ltd., No.5, Monark Changers, Infantry Road, Bengaluru-560 001 Rep: by the Manager. ... Respondents (By Sri. A.N.Krishnaswamy, Advocate for R.2; Notice to R.1 is d/w. v/o. dated 17.02.2018) MFA FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.05.2014 PASSED IN MVC NO.6727/2011 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, M.A.C.T-4, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant - claimant and the learned Counsel for the respondent – Shriram General 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. 19,37,211/- (Rupees Ninteen Lakhs Thirty Seven Thousand Two Hundred and Eleven 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, deposit and released of the enhanced compensation amount shall be made as per the Judgment and Award passed by the claims Tribunal.
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 KG