HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 8486/2015 (MV) (Lok Adalat No. 159/2017) BETWEEN 1. M.D. Krishnegowda S/o Devarajegowda, Aged about 48 years.
2. Vanajakshi W/o M.D. Krishnegowda, Aged about 42 years.
3. Keertana M.K.
S/o M.D. Krishnegowda, Aged about 20 years.
All are R/o Maragowdanahalli Village, Kasaba Hobli, Holenarasipura Taluk, Now R/at Nagalapura Village, Kasaba Hobli, Holenarasipura Taluk. ... APPELLANTS (By Sri. Shripad V. Shastri & Sri. K.V. Naik, Advocates) AND 1. Somashekar S/o Jagadish, Aged about 29 years, Hallimysore Village & Hobli, Holenarasipura Taluk.
2. Shekar S/o Swamygowda, Major, Farm House, Chakenahalli Village, Doddamagge Hobli, Arkalgud Taluk, Hassan District.
3. The Manager, Shriram General Insurance Co. Ltd., E-8, EPIP RICO Industrial Area, Sitapur, Jaipur, Rajasthan – 302 022, Reptd. by the Divisional Manager, Shriram General Insurance Co. Ltd., Divisional Office, 1st Floor, 10th Cross, Wilson Garden, Bengaluru. ... RESPONDENTS (By Sri. B.C. Shivanne Gowda, Advocate for R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 04.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2015 PASSED IN MVC NO. 2017/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, HOLENARASIPUR, 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 Co. Ltd. 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. 2,89,000/- (Rupees Two Lakhs Eighty Nine 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 Sd/- MEMBER Rbv