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.1714/2017 (MV) (LOK ADALATH NO.6166/2017) BETWEEN:
1. N. VIJAYALAKSHMI W/O LATE P R NAGARAJU AGE 34 YEARS BUSINESS 2. BABY N VYSHNAVI D/O LATE P R NAGARAJU AGE 8 YEARS 3. BABY N KANNIKA D/O LATE P R NAGARAJU AGE 5 YEARS APPELLANT NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO.1.
4. P G RANGANATHA SETTY S/O LATE P S GOVINDA SETTY AGED ABOUT 74 YEARS 5. P G GANGAMMA W/O P G RANGANATHA SETTY AGED ABOUT 66 YEARS ALL ARE R/O KARIBASAVESHWARA NILAYA, BEHIND KARIYAMMA TEMPLE SIRIGERE, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501 ... APPELLANTS (BY SRI.SHASHIDHARA R, ADV.) AND:
1. ASHWINI S KOTI W/O SUNIL MAJOR, OWNER OF LORRY BEARING NO.KA-28/A-7171 SHIVAPRASAD MIG-19, KHB COLONY BIJAPUR - 586 101 2. THE SRIRAM GENERAL INSURANCE CO. LTD. E-8, EPIP SITAPURA, INDUSTRIAL AREA JAIPURA, RAJASTHAN - 302 022 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.09.2016 PASSED IN MVC NO.184/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, 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 claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty 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 award amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER