HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE Mr. JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL No. 998 OF 2018 (MV) (LOK ADALAT NO.3308 OF 2019) BETWEEN:
1. SMT.GOWRAMMA, WIFE OF D.R.KRISHNAREDDY, NOW AGED ABOUT 63 YEARS, 2. SRI.D.R.KRISHNAREDDY, SON OF LATE RAMAREDDY, NOW AGED ABOUT 70 YEARS, BOTH ARE RESIDING AT: RAYALAPADU VILLAGE AND POST, SRINIVASAPURA TALUK, KOLAR DISTRICT.
(BY SRI.GOPAL KRISHNA N, ADVOCATE) AND:
1 . SRI.SHANTHAKUMAR R.N., SON OF ROLLAMUDDARANGAIAH, ...APPELLANTS AGED ABOUT 44 YEARS, RESIDING AT NO.149 A, 3RD MAIN ROAD, BIKASIPURA, ISRO LAYOUT, BENGALURU – 560 078.
2. THE BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, GOLDEN HEIGHTS, 4TH FLOOR, NO.1/2, 59TH ‘C’ CROSS, 4TH ‘M’ BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
REPRESENTED BY ITS MANAGER.
…RESPONDENTS (BY SRI.RAVI S SAMPRATHI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 18.10.2019) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 17.04.2017, PASSED IN MVC NO.5369/2015, ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND XXVII ACMM AT 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 BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Respondent No.2 – Bajaj Allianz General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellant - Claimant has agreed to receive and the Respondent No.2 - Insurance Company has agreed to pay a lump-sum of Rs.2,20,000/- (Rupees Two Lakhs Twenty Thousand only), in addition to what has been 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 Respondent No.2 – 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 only remaining Legal representatives of deceased are his parents. Therefore, the entire enhanced compensation amount shall be released in favour of the appellants equally 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 MH/-