HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L.NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 4921/2016 (MV) (Lok Adalat No.4174/2017) BETWEEN Master Subramani S/o Muniyappa @ Muneppa, aged about 14 years.
Since minor represented by natural guardian, mother Smt. Bhagyamma W/o Muniyappa @ Muneppa, aged about 38 years. Both are residing at Jodikrishnapura Village, Narasapura Post, Kolar Taluk and District.
Pin – 563 101. ... Appellant (By Sri Gopalkrishna N., Advocate) AND 1. Shiva Murthaiah H.M., S/o Shantha Veeraiah, Major, residing at: Megalapet Near Aiyappa Temple, Kottur Road, Harapanahalli, Davanagere District – 583 131.
2. Shriram General Ins. Co. Ltd., No-5, 2nd Floor, Monarch Chambers, Infantry Road, Bengaluru – 560 001.
Rep: by its Manager. ... Respondents (By Sri B.C.Shivanne Gowda, Advocate for R-2, Notice to R.1 d/w v.c.o. dated: 23.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2015 PASSED IN MVC NO. 218/2013 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE, KOLAR, 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 claimant-appellant 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 appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 1,00,000/- (Rupees One Lakh 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 entire enhanced compensation amount shall be released in favour of the appellant, on proper identification.
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 Mkm/Rbv Sd/- MEMBER