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.1686/2017 (MV) (LOK ADALATH NO.6164/2017) BETWEEN:
SMT.GULJAR BANU @ GULJAR BI W/O. SYED SAB, AGED ABOUT 49 YEARS, R/AT AMEER AHAMED COLONY, SHIMOGGA - 571 201. ... APPELLANT (BY SRI.M V MAHESWARAPPA, ADV.) AND:
1. SRI.SHANKARA. P S/O. P. CHINNA LAKSHMANA, AGED 30 YEARS, R/AT BEEMUNIPALLI, PEDDAVAD GUDAGUTTI, ANANDAPURA DISTRICT, ANDHRA PRADESH.
2. SRI. VENKATARAMANA. M S/O. VENKATESH. M, AGED ABOUT 35 YEARS, R/AT SREENIVASAPURAM, TADIPATRI, ANANTHPURA DISTRICT, ANDHRA PRADESH – 591 212 3. THE MANAGER SRIRAM GENERAL INSURANCE COMPANY 10003EB, RICO INDUSTRIAL AREA, SITAPURA, JAIPURA, RAJASTHAN - 302 022.
4. SRI. B. MADHUSUDAN S/O. N.M. BORAIAH, AGE MAJOR, R/AT HUDEM POST, KUDLIGE TALUK, BELLARY DISTRICT-583 135 5. SRI. M. N. RAJU S/O. P.C. NAGANA GOWDAS, AGED MAJOR, R/AT MEDAGERE JAGALUR TALUK, DAVANAGERE DISTRICT – 577 201 6. BRANCH MANAGER UNITED INDIA INSURANCE COMPANY, NO.273/13, 1ST FLOOR, MALLIKARJUNA COMPLEX, PRAVASIMANDIRA ROAD, DAVANAGERE – 577 201 ... RESPONDENTS (BY SRI: B PRADEEP, ADV. FOR R2; SRI.A.SRIKANTH , ADV. FOR R5 SRI.O MAHESH, ADV. FOR R6) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.04.2016 PASSED IN MVC NO.498/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-VI, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING FOR ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the 3rd Respondent – Shriram General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The 3rd Respondent-Insurance Company has agreed to pay a global sum of Rs.10,000/- (Rupees Ten 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 entire enhanced award amount shall be released in favour of the appellant, on proper identification.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER