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. 6116/2018 (MV) (Lok Adalat No.211/2019) BETWEEN 1. Smt. Lalithamma, W/o Manjappa, Aged about 45 years, Household work.
2. Sri Praveena, S/o Manjappa, Aged about 25 years, 3. Sri Pradeepa, S/o Manjappa, Aged about 27 years.
All are R/o Chikkappanahally Village, Chitradurga Taluk & District. ... Appellants (By Sri Spoorthy Hegade Nagaraja., Advocate) AND 1. Shriram Gen. Ins. Co. Ltd., Rep. by its General Manager, Monarch Chamber, Lind Infantry Road, Opp. Inpenter Wedding Hall, Bengaluru – 01.
2. Sri S.M.Jagadeesha, S/o Mallikarjunaiah, Aged about 47 years, r/o Sadanandaiah Badavane, Chitradurga, R.C Owner of the TATA ACE bearing Reg.
No.KA-16/B-6304.
3. Sri Manjappa, S/o Durugappa, Aged about 62 years, r/o Chikkappanahally Village, Chitradurga Taluk. ... Respondents (By Sri B.Pradeep, Advocate for R.1, Notice to R.2 is d/w. v/o. dated 01.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2018 PASSED IN MVC NO.919/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & JMFC, CHITRADURGA, 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 First 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 First respondent- insurance company and its authorized officer is filed. The appellant No.1 – claimant and Respondent No.3 have agreed to receive and the First respondent-insurance company has agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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, Rs.2,00,000/- shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in the name of Appellant No.1-claimant and Respondent No.3 for a period of three years with a liberty to draw the interest periodically and remaining Rs.4,00,000/- shall be released in favour of appellant No.1-claimant & Respondent No.3 as per the ratio adopted by the Claims Tribunal, on proper identification.
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