HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 8328/2016 (MV) (Lok Adalat No. 4266/2017) BETWEEN:
1. Amina B., 19 years, W/o Late Tabreez.
2. Syed Kabeer, 49 years, S/o Syed Dasthgeer.
3. Saleha, 47 years, W/o Syed Kabeer.
4. Taranum, 4 months, D/o Late Tabreez, Since appellant No.4 is minor she is represented by her mother and Natural guardian Amina B., Appellant No.1.
All are R/o Ambedkar Nagar, Hassan. .. Appellants (By Smt. Kavitha H.C., Advocate) AND:
1. Venugopal S/o Rangegowda, R/o Moodalakoppalu, Singodanahalli Post, Palya Hobli, Alur Taluk, Hassan District-573 201, (Owner of Lorry bearing Reg. No.KA-13/7072).
2. The Manager, Shriram General Insurance Company Ltd., Opposite to Bowring Hospital, Shivajinagar, Bengaluru-1, (Policy No.10003/31/14/670675 Valid from 11.2.2014 to 10.2.2015). .. Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 26.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.07.2016 PASSED IN M.V.C. NO.1061/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN, 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 appellants and the representative of Respondent-Shriram General Insurance Company Ltd., 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 global compensation of Rs. 4,75,000/- (Rupees Four Lakhs Seventy 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv/Mkm