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.8770/2015 (MV) (LOK ADALATH NO.4149/2017) BETWEEN:
G SHIVA KUMAR S/O J REVENNAR ADHAYA, AGED ABOUT 47 YEARS 5TH CROSS, 1ST MAIN, MANJUNATHA LAYOUT, NEAR MICO FACTORY, CHANNAKESHAVA NAGAR, BANGALORE - 560 100 ... APPELLANT (BY SRI.BABU M, ADV.) AND:
1. SHRIRAM GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, NO.S-3,3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BANGALORE - 560 001 2. SRI SYED MASOOD FATHER’S NAME NOT KNOWN NO.232-284/1, NEHRU COLONY, HAVANI NAGAR, BANGALORE – 560 076 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R1, NOTICE TO R.2 IS D/W. V.O. DATED: 23.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.06.2015 PASSED IN MVC NO.5219/2013 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE & MEMBER MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 23.10.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent-Shriram General Insurance Company Limited along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) in addition to what has been 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 enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/mkm