HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH 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 AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 8440/2016 (MV) (Lok Adalat No. 4160/2017) BETWEEN:
1. Hussain Bi W/o Late Buden Sab @ Syed Buden Sab, Now Aged about 31 years.
2. Afsana D/o Late Buden Sab @ Syed Buden Sab, Now aged about 5 years.
3. Munna S/o Late Buden Sab @ Syed Buden Sab, Now aged about 3 years.
4. Syed Hussain Sab S/o Late Syed lalu Sab @ Hussain Sab, Now aged about 61 years.
5. Pyari Bi W/o Late Syed Hussain Sab @ Hussain Sab, Now aged about 57 years.
Appellant Nos.2 & 3 are minors, Rep. by their natural guardian Mother i.e. appellant No.1.
All are R/at Near Ajjaiahna Temple, Behind Anathashrama, Harishchandra Ghat, Hiriyur-572 123. .. Appellants (By Sri. Raghu R., Advocate) AND:
1. T. Hampaiah S/o Earanna, Now aged about 51 years, R/a Metikurke Village, Hiriyur Taluk-572 143.
2. The Branch Manager, Shriram General Insurance Company Ltd., Branch Office, No.4/5, 3rd Floor, S.V. Arcade, Belekahalli Main Road, Opp. B.G. Road, IAM Post, Bangalore – 560 076. .. Respondents (By Sri. B.C. Shivanne Gowda, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 26.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 24.08.2016 PASSED IN M.V.C. NO.120/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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 appellants and the representative of Respondent-Shriram General Insurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellants - claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a global compensation of Rs. 6,00,000/- (Rupees Six Lakhs 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-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 enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv/Mkm