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. 6051/2015 (MV) (Lok Adalat No.62/2019) BETWEEN The Claim Manager, Shriram General Insurance Company Limited, No.302, 3rd floor, S & S Corner Complex, Opp. To Bowring and Lady Curzon Hospital, Shivajinagar, Bengaluru-560 001. Now at:
Shriram General Insurance Company Limited 5/4, 3rd Cross, S.V. Arcade, Belakanahalli Main Road, Opp: Banneraghatta Main Road, II M.B. Post, Bengaluru-560 076.
By its Manager. ... Appellant (By Sri. O.Mahesh, Advocate) AND 1. Masthan Sab, Age 57 years S/o. Thota Sab, Permanent address No.571, Channarayapattana Road, Maralubagilu, Old bus stop, Near Devanahalli, Bengaluru-562 103.
Presently residing at:
Amruthalli, near water Tank bus stop circle, Sahakarnagar post, Bengaluru-560 092.
2. Suresh Karbhari Rode Major.
S/o. Karbhari Rode, Fule nagar, Palse at Post, Nasik District, Maharashtra-420 007.
... Respondents (By Sri. B.K. Vasudevamurthy, Advocate for R.1; Notice to R.2 is d/w. V/o. dated 24.04.2018) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2015 PASSED IN MVC NO.1311/2013 ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MACT, AT BENGALURU, AWARDING COMPENSATION OF RS.2,42,240/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING.
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 appellant - Shriram General Insurance Company Limited and the learned Counsel for the respondent No.1 – claimant along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Respondent No.1 - Claimant has agreed to receive and the Appellant – Insurance Company has agreed to pay a lump-sum of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) instead of Rs.2,42,240/- with interest at 6% 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. The amount if any deposited before this Court shall be transferred to the Tribunal.
4. Out of the compensation amount, 50% shall be kept in fixed deposit in any nationalized/scheduled bank in the name of the Respondent No.1 – Claimant for a period of three years with a liberty to draw the interest periodically. The remaining 50% shall be released in favour of the Respondent No.1 – claimant, on proper identification.
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