HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. A.M. VENKATESH, MEMBER M.F.A.No. 795/2017 (MV) (Lok Adalat No. 2174/2017) c/w M.F.A.NO. 3292/2017 (Lok Adalat No.1275/2017) IN M.F.A. NO. 795/2017:
BETWEEN Legal Manager, Bharti AXA GIC Ltd., 1st Floor, Ferns Icon, Survey No.28, Doddanekundi, Marathalli Ring Road, Bangalore – 560 037. ... APPELLANT (By Sri. B. Pradeep, Advocate) AND 1. Smt. Chaya R.
W/o Late Siddalingeshwara, Now Aged about 27 years.
2. Sri. Basanna S/o Shankarappa, Now aged about 88 years.
3. Smt. Lakshmidevamma W/o Basanna, Now aged about 73 years, All are R/at No.372/3, 7th Cross, 1st Block, Peenya, Bangalore-560 058.
4. New India Assurance Co. Ltd., Regional Office, Legal Manager, Mahalaxmi Chambers, M.G. Road, Bengaluru – 560 001.
5. Mallikarjun S.P.
S/o Panchanna, Major, R/a Bhumika, 1st Main, 15th Cross, Vinobha Nagar, Davanagere – 570 017.
6. Ravi Road Lines India Pvt. Ltd., GR. FLR Building, No.B-14, Mulla Baug, Manpada, Gurgao, Thane West, Maharashtra – 400 610. ... RESPONDENTS (By Sri. M.G. Raghavendra, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2016 PASSED IN MVC NO. 5453/2014 ON THE FILE OF THE II ADDL. SMALL CAUSES JUDGE & XXVIII ACMM AND MACT, BENGALURU.
IN M.F.A. NO. 3292/2017: BETWEEN:
1. Smt. Chaya R.
W/o Late Siddalingeshwara, Aged about 26 years.
2. Smt. Laxmidevamma Aged about 70 years, W/o Late Basanna.
Both are Residing at No.372/3, 7th Cross, 1st Block, Peenya, Bangalore-560 058. ... APPELLANTS (By Sri. Nancy Veena D’Souza/Sri. M.G. Raghavendra, Advocates) AND 1. Bharti AXA General Insurance Co. Ltd., Survey No.28, Doddanekkundi, Marathalli Ring Road, Bangalore – 560 037.
2. New India Assurance Co. Ltd., Regional Office, Mahalaxmi Chambers, M.G. Road, Bangalore – 560 001.
3. Mr. Mallikarjuna S.P.
S/o Panchanna, Aged: Major, Bhumika, 1st Main, 15th Cross, Vinobha Nagar, Davanagere.
4. Ravi Road Lines India Pvt. Ltd., Ground Floor, Building, No.B-14, Mulla Bhag, Manpada, Gurgao, Thane West, Maharashtra – 400 610. ... RESPONDENTS (By Sri. B. Pradeep, Advocate for R-3) MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.11.2016 PASSED IN MVC NO. 5453/2014 ON THE FILE OF THE II ADDL.
SMALL CAUSES JUDGE & XXVIII ACMM AND MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS 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 appellant – Bharti AXA General Insurance Co. Ltd. along with its representative and the learned Counsel for the respondent Nos. 1 to 3 – claimants are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the Respondent Nos.1 to 3 – claimants have agreed to receive a lump-sum of Rs. 22,50,000/- (Rupees Twenty Two Lakhs Fifty Thousand only), instead of Rs.22,94,333/- (Rupees Twenty Two Lakhs Ninety Four Thousand Three Hundred Thirty Three only) with interest @ 6% p.a. from the date of petition till the date of realization, 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 appellant – 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 modified/reduced compensation shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court is ordered to be transmitted to the jurisdictional Tribunal forthwith for disbursement.
5. Accordingly, M.F.A. No.795/2017 filed by the Insurance Company stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly. In view of the settlement arrived at in M.F.A. No.795/2017, M.F.A. No. 3292/2017 filed by the respondent Nos.1 to 3 – claimants is disposed of as withdrawn.
Sd/- JUDGE Sd/- MEMBER Rbv