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 M.F.A.No. 7391/2016 (MV) (Lok Adalat No.2408/2018) 1. Smt. Bhagya W/o. Late. Suresh, Aged about 36 years.
2. Nandeesh S/o. Late. Suresh, Aged about 15 years.
3. Swathi D/o. Late. Suresh, Aged about 13 years.
Since the appellants No.2 and 3 are minors, They are represented by their next friend and mother Smt. Bhagya/appellant No.1.
All are R/at. Kabballi Hosalli village, Dudda Hobli, Hassan Taluk, Hassan District-573 201. ... Appellants (By Sri. H.J.Ananda, Advocate) AND 1. P.R.Prakash S/o. Ramesh, Aged about 42 years, R/o. Door No.1542, Saraswathi Puram, Salagame Road, Hassan City, Hassan-573 201.
2. The Manager, Shriram General Insurance Company Limited, No.302, 3rd Floor, S & S Corner Building, Plat Form No.48, Hospital Road, Shivajinagar, Bengaluru-560 001. ... Respondents (By Sri. B.Pradeep, Advocate for R.2) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2015 PASSED IN MVC NO.133/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T., HASSAN, 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. 6,00,000/- (Rupees Six Lakhs 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