HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT 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 & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.6478/2017 (MV) (LOK ADALATH NO.6431/2017) BETWEEN:
LEGAL MANAGER BHARATHI AXA GIC LTD., 1ST FLOOR, FERNS ICON SURVEY NO.28, DODDANEKUNDI K.R.PURAM HOBLI BANGALORE – 560 037 ... APPELLANT (BY SRI.PRADEEP B, ADV.) AND:
1. MR.RAKESH V S/O VENKATESH, NOW AGED 24 YEARS, R/AT KADIRENAHALLI BANGALORE SOUTH, BANGALORE - 78 SINCE NOT IN STATUS OF MIND, REP. BY HIS MOTHER SMT.LEELAVATHI 2. PRATIMA PRALAD PARVATHI AGE: MAJOR R/AT NO.21/B, "SAPTAGIRI PLOT" RAGHAVENDRA COLONY, SHANTHI NAGAR, KESHWAPUR HUBBALLI DHARWAD DISTRICT – 580 029 ... RESPONDENTS (BY SRI.A S GIRISH, ADV. FOR C/R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.05.2017 PASSED IN MVC NO.4252/2015 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXIV ACMM, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE,(SCCH-7), AWARDING COMPENSATION OF RS.19,36,743/- WITH INTEREST @ 9% P.A.(EXCLUDING FUTURE MEDICAL EXPENSES OF RS.25,000/-) FROM THE DATE OF PETITION TILL PAYMENT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant – Bharti AXA General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiation, the matter is settled.
The Appellant-Insurance Company has agreed to pay a lump- sum of Rs.18,32,000/- (Rupees Eighteen Lakhs Thirty Two Thousand Only) instead of Rs.19,36,743/- with interest @ 9% p.a. as awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the modified award amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited by the appellant – Insurance Company before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv