HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.7403/2016 (MV) (Lok Adalat No.2420/2019) BETWEEN:
1. M/s New India Assurance Company Limited, Appeals Hub, Divisional Office-III, No.9/2, Mahalakshmi Chambers, M.G.Road, Bengaluru-560 001. Represented by its Duly Constituted Attorney (By Sri A.M.Venkatesh, Advocate) ... Appellant AND:
1. Sri.Krishnappa, S/o Late L.Ramaiah, Aged about 54 years, 2. Smt.Sharadha, W/o Krishnappa, Aged about 47 years, 3. Kum.Lakshmi, D/o R.Krishnappa, Aged about 25 years, 4. Kum.Nagarathna, D/o Krishnappa, Aged about 23 years, 5. Kum.Deepika, D/o Krishnappa, Aged about 19 years, All are R/at Ward No.25, Chintamani Town, Chintamani Taluk, Chikkaballapura District-562 101.
6. Sri Shivaprasad D.M., S/o D.Mallikarjunappa, Kalparuksha Fertilizers, Checkru Road, Chintamani, Chikkaballapura District-562 101. (RC Owner of the Ashok Leyland Bus bearing Reg.No.KA-40/6626).
(By Sri J.V.Ramakrishna, Advocate for R1-R5) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.09.2015 PASSED IN MVC NO.34/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, CHINTHAMANI, AWARDING COMPENSATION OF Rs.11,97,000/- WITH INTEREST @ 9% P.A FROM THE DATE OF PETITION TILL DEPOSIT IN TRIBUNAL.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - New India Assurance Company Limited and the learned Counsel appearing for the Respondent Nos.1 to 5 - claimants along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the Respondent Nos.1 to 5 (being authorized by the Respondent Nos.1 to 5 to sign) and the learned advocate appearing for the appellant -insurance company and its authorized officer is filed.
The Respondent Nos.1 to 5 – claimants have agreed to receive and the appellant-insurance company has agreed to pay a lump sum of Rs.5,27,000/- (Rupees Five Lakh Twenty Seven Thousand only) apart from the amount already paid, as against Rs.11,97,000/- with interest @ 9% p.a. awarded by the Tribunal, in full and final settlement of the claim.
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.
4. The apportionment and release of the modified compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
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 HB/-