HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.11834/2012 (LOK ADALATH NO.340/2019) BETWEEN:
M/S.BHARATHI GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, FERNS ICON SY NO.28, DODDANAKUNDI VILLAGE K R PURAM HOBLI BANGALORE - 560 037 REPRESENTED BY ITS LEGAL OFFICER ...APPELLANT (BY SRI.H.N.KESHAVA PRASHANTH, ADV.) AND:
1. SRINIVAS REDDY N S/O D V NARAYANA REDDY NOW AGED ABOUT 43 YEARS NO.3/1, CHIKKA BELLANDUR CARMELARAM POST BANGALORE – 560 035 2. MR.ANNAIAH REDDY S/O VENKATA REDDY R/A NO.216, ANEKAL ROAD NEAR ST.PHILOMINA SCHOOL ATTIBELE VILLAGE BANGALORE – 562 107 ...RESPONDENTS (BY SRI.N R RANGE GOWDA, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.07.2012 PASSED IN MVC NO.4019/2010 ON THE FILE OF 8TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-3, BANGALORE, AWARDING A COMPENSATION OF RS.1,00,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 30.05.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Insurance Company has agreed to pay and Respondents-claimants have agreed to receive a lump-sum of Rs.75,000/- (Rupees Seventy Five Thousand only) instead of Rs.1,00,000/- with interest at 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. A joint memo has been filed to that effect.
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. Amount in deposit be transferred to be Tribunal forthwith. Entire amount shall be released.
Sd/-
ACTING CHIEF JUSTICE lnn Sd/- MEMBER