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. 9455/2015 (MV) (Lok Adalat No. 4127/2017) BETWEEN:
1. K. Chaluvaraju S/o Late Kariyappa, Aged about 55 years, R/at Hullukere Village, Dudda Hobli, Mandya Taluk & District-571 405.
2. H.K. Shivalingaiah S/o Late Kariyappa, Aged about 41 years, R/at Hullukere Village, Dudda Hobli, Mandya Taluk & District – 571 405. .. Appellants (By Smt. Bhushani Kumar, Advocate) AND:
1. P. Manoharan S/o Periyaswamy, Door No.2/196A, Perumavur, Kondama Nakkenpatty, Namakkal – 637 001.
2. Shriram General Insurance Company Ltd., II Floor, Monarch Chambers, Opp. To Infantry Road, Bangalore – 560 001. .. Respondents (By Sri. B. Pradeep, Advocate for R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.10.2014 PASSED IN M.V.C. NO.76/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, MANDYA, 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. 1,00,000/- (Rupees One Lakh 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 entire enhanced compensation amount shall be released in favour of appellant Nos.1 and 2 in the ratio of 50% each, on proper identification.
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