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.1092/2016 (MV) (LOK ADALATH NO.4217/2017) BETWEEN:
1. SMT.NINGAMMA W/O B.THIPPESWAMY AGED ABOUT 45 YEARS, AGRICULTURIST, 2. B. THIPPESWAMY S/O BANAPPA @ BASAPPA, AGED ABOUT 62 YEARS AGRICULTURIST 3. M.T. SHIVARAJ S/O THIPPESWAMY.B AGED ABOUT 25 YEARS ALL ARE R/O MALLURAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DIST., NOW R/O C/O SANNA NINGAPPA, MUDALAMACHIKERE VILLAGE, JAGALUR TALUK – 577 528 DAVANAGERE DISTRICT ... APPELLANTS (BY SRI.MALLIKARJUNA G. CONTRACTOR, ADV.) AND:
1. P. JAGANNATHA S/O PEERAPPA, AGED ABOUT 35 YEARS, OWNER OF LORRY BEARING REGN. NO.KA-05//C-3969 R/O NAGASANDRA POST, RUKMINI NAGARA, NO.30, 2ND MAIN ROAD, BENGALURU – 560 073 2. THE MANAGER SRI RAM GENERAL INSURANCE CO. LTD., DIVISIONAL OFFICE, 1000 E-8, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPURA, RAJASTHAN – 302 022. ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.09.2014 PASSED IN MVC NO.145/2011 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE AND MEMBER MACT-III, DAVANAGERE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 24.10.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent-Shriram General Insurance Company Limited along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,25,000/- (Rupees One Lakh 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 compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/mkm