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.7942/2017 (MV) (LOK ADALATH NO.6158/2017) BETWEEN:
MASTER BASAVARAJ S/O NAVEEN KUMAR @ KRISHNE GOWDA, AGED ABOUT 12 YEARS, RESIDING AT:NO.31/2, 9TH CROSS, MARUTHINAGAR, ITTAMADU, BSK II STAGE BENGALURU – 560 085 APPELLANT BEING MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN SRI NAVEEN KUMAR @ KRISHNE GOWDA S/O KAPANI GOWDA ... APPELLANT (BY SRI.GIRIMALLAIAH, ADV.) AND:
1. SHRIRAM GENERAL INSURANCE CO. LTD., NO.5/4, 3RD FLOOR, S V ARCADE BELEKAHALLI MAIN ROAD, BILEKAHALLI OFF, B.D.ROAD, IIM POST, BENGALURU – 560 076, BY ITS MANAGER.
2. B G PRASANNA KUMAR MAJOR (AGE NOT KNOWN TO THE APPELLANT) S/O GOVINDAPPA R/O KUDURE BYALYA VILLAGE, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT ... RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADV. FOR R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.03.2017 PASSED IN MVC NO.5363/2015 ON THE FILE OF THE I ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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 Respondent – Shriram General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five 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 compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER