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. 212/2016 (MV) (Lok Adalat No.233/2019) c/w M.F.A.No. 93/2016 (MV) (Lok Adalat No.234/2019) In M.F.A.No. 212/2016 (MV):
BETWEEN 1. Smt. Bhagyalakshmi B, Aged about 25 years W/o. Late Umesh M.
2. U. Yashasgowda, Aged about 5 years, Since minor represented by natural guardian mother Smt. Bhagyalakshmi B.
Both are residing at C/o. Police Boregowda, No.1515, 1st Cross, Hosahally, Mandya City. ... Appellants (By Sri. T.P.Vivekananda, Advocate) AND 1. Manju H.M. Major, S/o. Mayigowda, No.160, Hebbakavadi Colony, Mandya-571 401.
2. Shriram Gen. Ins. Co. Ltd., 2nd floor, Monarch Chambers, Opposite to Infantry Hall, Infantry Road, Bengaluru-560 001.
Rep. by its Manager. ... Respondents (By Sri. B.C. Shivanne Gowda, Advocate for R.2 ; Notice to R.1 is d/w. V/o. dated 29.03.2016) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2015 PASSED IN MVC NO.108/2011 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
In M.F.A.No. 93/2016 (MV):
BETWEEN 1. M/s. Shriram Gen. Ins. Co. Ltd., 2nd floor, Monarch Chambers, Opposite to Infantry Hall, Infantry Road, Bengaluru-560 001.
AND Now represented by:
M/s. Shriram Gen. Ins. Co. Ltd., No.5/4, 3rd floor, S.V. Arcade, Bilakahalli, Bannerughatta main Road, IIMB Post, Bengaluru.
Rep. by its Assistant Manager. ... Appellant (By Sri. B.C.Shivanne Gowda, Advocate) 1. Smt. Bhagya Lakshmi B, W/o. Umesh M, Now aged about 25 years.
2. U. Yashasgowda, S/o. Late Umesh M, Aged about 6 years.
2nd respondent is minor and rep. by mother and natural guardian i.e., 1st respondent.
C/o. Police Boregowda, No.1515, 1st Cross, Hosahally, Mandya City.
3. Manju H.M. S/o. Mayigowda, R/o. No.160, Hebbakavadi colony, Mandya Town, Mandya District. ... Respondents MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2015 PASSED IN MVC NO.108/2011 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, MANDYA, AWARDING COMPENSATION OF RS.15,10,808/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE APPEALS 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 sum of Rs. 19,00,000/- (Rupees Nineteen Lakhs only) with interest at 6% p.a., from the date of petition till the date of deposit, 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 amount shall be made as per the ratio adopted by the claims Tribunal.
5. This Miscellaneous First Appeal No.212/2016 filed by the appellants – claimants stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.212/2016, connected case in M.F.A.No.93/2016 filed by the Insurance Company is also disposed of. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KG