HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L. NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 1645/2017 (MV) (Lok Adalat No. 5281/2017) BETWEEN 1. Kum. Aishwarya d/o Late Hanumantha Bheeramarayappa Shetter @ Hanumantharaya Shetty, aged about 18 years, 2. Kumara Bharath S/o Late Hanumantha Bheeramarayappa Shetter, @ Hanumantharaya Shetty, aged about 17 years, 3. Sathyanarayana Bheeramarayappa Shetter S/o Bheeramarayappa Shetty, @ Bheemaraya Shetty, age 53 years, Appellant No.2 is minor, Represented by his natural guardian Next friend younger brother of the Father of the appellant No.2 i.e., appellant No.3.
4. Subhadramma W/o Bheemarayappa Shetter @ Bheemaraya Shetty, Aged about 71 years, All are r/o Rettihalli Road, Tumminakatte, Ranebennur taluk, Haveri District, now all are r/o And C/o Sri Govindaraju B Shettar, 3rd Cross, Nehru Nagara, near Holalkere Road, Chitradurga – 577 501. ... Appellants (By Sri Shashidhara R., Advocate) AND 1. Ashwini S. Koti W/o Sunil, Major, owner of Lorry bearing No.KA-28/A-7171, Shivaprasad, MIG-19, KHB Colony, Bijapur – 586 101.
2. The Legal Manager, The Shriram General Ins. Co. Ltd., E-8, EPIP, Sitapura, Industrial Area, Jaipura, Rajasthan – 302 002. ... Respondents (By Sri B.Pradeep, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2016 PASSED IN MVC NO. 207/2015 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT, CHITRADURGA, 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 claimants - appellants and the learned Counsel for the respondent – Shriram General Insurance Company Limited along with its representative 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 lump sum of Rs. 1,90,000/- (Rupees One Lakh Ninety 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 – 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. 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/Rbv Sd/- MEMBER