HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT 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 & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.3134/2016 (MV) (LOK ADALATH NO.3256/2017) C/W MISCELLANEOUS FIRST APPEAL NO.3362/2016 (MV) (LOK ADALATH NO.3257/2017) IN MFA NO.3134/2016 BETWEEN:
THE MANAGER BHARATHI AXA GIC LTD., THE FERNS ICON 1ST FLOOR, SURVEY NO.28, DODDANEKUNDI, BANGALORE – 560 037. ... APPELLANT (BY SRI.PRADEEP B, ADV.) AND:
1. SRI.ARUL MOLI S/O SUBRAMANI, NOW AGED ABOUT 34 YEARS 2. KUM.LAVNYA D/O ARUL MOLI, NOW AGED ABOUT 11 YEARS 3. KUM.DEEPIKA D/O ARUL MOLI, NOW AGED ABOUT 9 YEARS 4. KUM.RAKSHITHA D/O ARUL MOLI, NOW AGED ABOUT 4 YEARS, 2 TO 4 RESPONDENT SINCE MINOR REP. BY THEIR FATHER 1ST RESPONDENT AS NATURAL GUARDIAN, 5. SRI.PRASHANTH M.N S/O UMESH MURTHY, MAJOR, R/O KALAGANAHALLI VILLAGE, K.R.PET TALUK MANDYA DISTRICT MANDYA – 571 423 ... RESPONDENTS (BY SRI.GOWDA H V T., ADVOCATE FOR R-1 TO R-4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.01.2016 PASSED IN MVC NO.4232/2014 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & XXVII ACMM, MACT, BENGALURU, AWARDING COMPENSATION OF RS.15,72,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.3362/2016 BETWEEN:
1. SRI.ARUL MOLI S/O SUBRAMANI, NOW AGED ABOUT 34 YEARS 2. KUM.LAVANYA D/O ARUL MOLI, AGED ABOUT 11 YEARS 3. KUM.DEEPIKA D/O ARUL MOLI, AGED ABOUT 9 YEARS 4. KUM.RAKSHITHA D/O SRI.ARUL MOLI, AGED ABOUT 4 YEARS, (SINCE APPELLANTS 2 TO 4 ARE MINORS REP. BY THEIR FATHER SRI.ARUL MOLI) ALL ARE RESIDENTS OF R/O NO.16/2, 9TH CROSS, 2ND MAIN ROAD, BALAJINAGAR, ITTAMADU, BANGALORE – 560 085. ... APPELLANTS (BY SRI.GOWDA H V T, ADV.) AND:
1. SRI. PRASHANTH M.N. S/O UMESH MURTHY MAJOR, KALIGANAHALLI (VILLAGE), K.R.PET TALUK MANDYA DISTRICT MANDYA 2. THE MANAGER THE BHARATHI AXA GENERAL INSURANCE CO. LTD., THE FERNS ICON, IST FLOOR, SY NO.28, DODDANEKUNDI, BANGALORE – 560 037 ... RESPONDENTS (BY SRI. B PRADEEP, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.01.2016 PASSED IN MVC NO.4232/2014 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, & XXVII ACMM, MACT, BANGALORE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 20.07.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant – Bharti AXA General Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The appellant-Insurance Company has agreed to pay a sum of Rs.15,22,500/- (Rupees Fifteen Lakhs Twenty Two Thousand Five Hundred Only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs.15,72,500/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the modified award amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited by the Insurance Company before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER