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 M.F.A.No. 5533/2017 (MV) (Lok Adalat No.2051/2018) BETWEEN:
1. Ashok Reddy S/o. Late Sanjeevappa, Age 47 years, Agriculturist, 2. Padma W/o. Ashok Reddy, Aged about 40 years, Agriculturist, Both are R/o. Doddaullarthi, Challakere Taluk, Now R/o. 4th Cross, JCR Extension, Chitradurga City-577 501 ... Appellants (By Sri. R.Shashidhara, Advocate) AND:
1. Ramu Desai S/o. Late Lakshminarayana, Major, Owner of Lorry bearing Registration No.AP-02/Y-3217 R/o. Hindupura, Ananthpur District, Andhra Pradesh State-515 201.
2. The Branch Manager, Shriram General Insurance Company Ltd., Branch office, 3rd floor, “S” Corner Building, Opp. Bowring and Lady Curzon Hospital, Shivaji Nagar, Bengaluru-560 001. ... Respondents (By Sri. H. N. Keshava Prashanth, Advocate for R.2; Notice to R.1 is d/w. v/o. dated 22.11.2018) MFA FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.12.2016 PASSED IN MVC NO.1136/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., CHITRADURGA, 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 appellants - claimants 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 Appellants - Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs. 5,25,000/- (Rupees Five 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted 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