HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 4813/2013 (MV) (Lok Adalat No. 1094/2016) BETWEEN SMT. JAVARAMMA.38 YEARS W/O KULLAIAH RESIDING AT NASUBOGANAHALLI SEELANERE HOBLI, K R PETE TALUK MANDYA DISTRICT-571454 ... APPELLANT (BY SRI. V.N. MADHAVA REDDY, ADV. (NOC) ) AND 1. T. SYED ALI S/O ALVI HAJI, CHANEL AREA MALAVAGOPPA, SHIMOGA-577222 OWNER OF TATA SUMO BEARING NO.KA-4-A9108 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO LTD 5TH FLOOR, CENTENARY BUILDING M G ROAD, BANGALORE-560001 INSURER OF TATA SUMO BEARING NO.KA-4-A9108 3. TAJUNNISSA W/O ASWAK AHAMED AGED ABOUT 46 YEARS R/A NO.60, TENDEKERE SEELANERE HOBLI, K R PETE TALUK MANDYA DISTRICT-571454 OWNER OF AUTO BEARING NO.KA-54-1572 4. THE GENERAL MANAGER CHOLAMANDALAM INSURANCE CO LTD SRI HARI COMPLEX SEETHANIVAS ROAD, MYSORE-570001 INSURER OF AUTO BEARING NO.KA-54-1572 (BY SRI. D.VIJAYAKUMAR, ADV. FOR R2, R1 AND R3 ARE SERVED BUT UNREPRESENTED) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.8.2012 PASSED IN MVC NO.30/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., K.R.PET, 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 appellant-claimant and the learned Counsel for the Respondent No.2– Reliance 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. 2,25,000/- (Rupees Two Lakhs Twenty Five 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal.
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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 BVK