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 K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 1415/2016 (MV) (Lok Adalat No.2185/2019) BETWEEN 1. Smt. Jayamma W/o late Rangaswamy Dead, 2 Mamatha D/o Late Rangaswamy, Aged about 21 years, Legal heir of Appellant Nos.1 & 3 3. Girijamma W/o Galleerappa, Dead 4. Anasuyamma W/o Kariyappa, Aged about 61 years, Legal heir of Appellant No.3 All are residents of:
Hotteppanahalli Village, Challakere Taluk – 577 522, Chitradurga District. ... Appellants (By Sri B.M.Siddappa, Advocate) AND 1. Kumar M.
S/o Maniyappan, Aged about 37 years, Driver of Lorry KA-01/AA-2477, R/o Mettareddyhalli, Dinnahalli Post, Dharmapuri Taluk (District) Pin - 636 808, Tamilnadu State.
2. Palanivel, Door No.1/217D, Aged about 41 years, Aemakuttiyoor, Ungaranahalli, Dharmapuri Taluk & District Pin – 636 808, Tamilnadu State, Owner of lorry No.KA-01-/AA-2477.
3. The Manager, Shrirama Gen. Ins. Co. Ltd., By its Branch Manager, E-8, EPIP, RIICO, Sitapura, Jaipur, Rajasthan State – 302 022. ... Respondents (By Sri H.N.Keshava Prashanth, Advocate for R.3, Notice to R.2-d/w. v/o. dated 17.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.10.2015 PASSED IN MVC NO.125/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDL. MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants and the learned Counsel appearing for the Third Respondent – Shriram General Insurance Company Limited 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the Third respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the Third respondent-insurance company has agreed to pay a lump-sum of Rs.5,00,000/- (Rupees Five Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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. Out of the enhanced compensation amount, 75% shall be released in favour of the appellants-claimants equally, on proper identification. Remaining 25% shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in the name of the appellants equally for a period of three years with a liberty to draw the interest periodically.
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 Mkm* Sd/- MEMBER