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.7503/2017 (MV) (LOK ADALATH NO.6190/2017) BETWEEN:
1. MAHADEVAMMA W/O LATE BASAVASHETTY @ BASAVAIAH AGED ABOUT 57 YEARS 2. RAJAMMA W/O SHANKAR, D/O LATE BASAVASHETTY @ BASAVAIAH, AGED ABOUT 38 YEARS 3. CHINNASWAMY S/O LATE BASAVASHETTY @ BASAVAIAH AGED ABOUT 36 YEARS 4. NANJUNDAIAH S/O LATE BASAVASHETTY @ BASAVAIAH AGED ABOUT 34 YEARS, 5. VASANTHA D/O LATE BASAVASHETTY @ BASAVAIAH AGED ABOUT 32 YEARS, ALL ARE R/O AGASARADODDI VILLAGE, MALAVALLI TALUK MANDYA DISTRICT – 571 430 ... APPELLANTS (BY SRI.PREMKUMAR C S, ADV.) AND:
1. RAMALINGAM CONSTRUCTIONS CO. PVT. LTD., NO.82 GANDHIJI ROAD, CHANDAN STUDIO BUILDING ERODE, TAMIL NADU - 638 001 (OWNER OF THE HITACHI LORRY BEARING REG. NO. TN-32-U-3337) 2. THE MANAGER (LEGAL) BHARTI AXA GEN. INS. CO. LTD., 1ST FLOOR FEMS ICON SURVEY NO.28 DODDANAKUNDI BANGALORE – 560 037 (POLICY NO.FDV/S3169877/31/01/C13147 VALID FROM 23-01-2015 TO 22.01.2016) ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R2, NOTICLE TO R-1 – D/W V.C.O. DATED 24.11.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.10.2016 PASSED IN MVC NO.715/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 24.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – Bharti AXA General Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only) in addition to what has been 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 enhanced award amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv