HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 1698/2017 (MV) (Lok Adalat No. 6741/2017) BETWEEN 1. SMT. MARJIT BASANTI W/O LATE MADAN @ MADAN MARJIT AGE: 40 YEARS 2. MITHUN MARJIT 26 YEARS S/O LATE MADAN @ MADAN MARJIT, 3. BUDDHADEB MARJIT 27 YEARS, S/O LATE MADAN @ MADAN MARJIT, ALL ARE R/AT MOUJA BASANTAPUR J.L, NO.19, PARA/MOHALLA-MARIJIT APARA.
... APPELLANTS (BY SRI. SHRIPAD V SHASTRI, ADV. ) AND 1. THE MANAGER, RELIANCE GENERAL INSURANCE RGIC, 28, EAST WIND, 5TH FLOOR, CENTENARY BILDING, M.G. ROAD, BANGALORE 01.
POLICE ISSUED BY ITS OFFICE IN POLICY NO.141552338003604, DATE OF VALIDITY FROM 3.9.2015 TO 2.9.2016 2. DHARMA G.N MAJOR, S/O NINGARAJAPPA R/AT OLD NO.798, NEW NO.6, RAMANA ROAD, THANISANDRA, SHIVARAM KARANTH NAGAR, BANGALORE 77.
(BY SRI.H. C. BETSUR, ADV. FOR R1, NOTICE TO R2 D/W V.O. DT. 23.11.2017.) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.11.2016 PASSED IN MVC NO.4627/2015 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, 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 – Reliance 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. 3,25,000/- (Rupees Three Lakhs Twenty Five Thousands 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 as per the ratio adopted by the Claims 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 BVK