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 B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 7950/2017 (MV) (Lok Adalat No. 339/2019) BETWEEN:
M/s Bharti AXA General Ins. Co. Ltd., Pride Quadra, No.30, 2nd Floor Hebbal Road, Bengaluru.
Now Rep. by its Manager, M/s Bharti AXA General Ins. Co. Ltd., Survey No.28, Next to Akme Ballet, Dodda Nekkunali, Outer Ring Road, Bengaluru - 506 037. ... Appellant (By Sri. H.N. Keshava Prashanth, Advocate) AND:
1. Smt. Agnes Kavitha, W/o Late A. Joseph, Now aged about 38 years, 2. Nishaya, D/o Late A. Joseph, Now aged about 13 years, (Since minor rep. by her Mother as a natural Guardian 1st respondent) 3. Rayamma, W/o Arogyappa, Now aged about 76 years, All are R/at Doddabasavapura, Virgongar, K.R. Puram, Bengaluru - 49.
4. B. Kishore Kumar, S/o Basappa, No.09, Baiyappanahalli Village, Bidarahalli Post, Virgonagar Post, Bengaluru - 560 049. (R.C Owner of Car Reg.
No.KA-53-P-853) .. Respondents (By Sri. L. Harish Kumar, Advocate for R.1 to 4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2017 PASSED IN MVC NO. 3088/2015 ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE & AND XXIV ACMM MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-20), AWARDING COMPENSATION OF RS.25,96,800/- WITH INTEREST @ 9% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant - Bharti AXA General Insurance Co. Ltd. along with its representative and the learned Counsel for the Respondent Nos.1 to 3 - claimants are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Insurance Company has agreed to pay and the Respondent Nos.1 to 3 - Claimants have agreed to receive a lump-sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) instead of Rs.25,96,800/- with interest @ 9% p.a. 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 Appellant - 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 modified compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
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 LL