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. 299/2012 (MV) (Lok Adalat No. 4943/2017) BETWEEN 1. Neela W/o late H.R.Nagesha, Aged about 24 years, 2. Rajegowda S/o Chikkegowda, Aged about 67 years, 3. Smt. Doddamma, W/o Rajegowda, Aged about 62 years, 4. Mohan S/o late H.R.Nagesha, Aged about 3 ½ years, Minor represented by natural Guardian mother Neela [Appellant No.1] A-4 has died, his LR’s is On record [A-1] All are r/o Huluvare Village, Mosalehosahalli Post, Shanthigrama Hobali, Hassan Taluk, Hassan District. ... Appellants (By Sri. Girish B. Baladare, Advocate) AND 1. Prakasha S/o Ramegowda, R/o D.No.25, Paduvalippe Village, Halekote Hobli, Holenarasipur Taluk, Hassan District.
2. Shriram General Ins. Co. Ltd., E-8, EPIP, RIICO, Industrial Area, Seethapua, Jaipura, Rajasthan - 302 022.
Represented by:
Manager, Shriram General Ins. Co. Ltd., Opposite to Mahaveera Petrol Bunk, B.M.Road, Hassan Town, Hassan – 573 201. ... Respondents (By Sri B.C.Shivannegowda, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2011 PASSED IN MVC NO. 2349/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRAK COURT AND ADDL. MACT, HASSAN, 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 claimants - appellants and the learned Counsel for the respondent – Shriram General Insurance Company Limited 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. 2,50,000/- (Rupees Two Lakhs Fifty Thousand 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 in terms of the Judgment and Award passed by the 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 Mkm/Rbv Sd/- MEMBER