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.7653/2017 (MV) (LOK ADALATH NO. 7155/2017) BETWEEN:
1. NINGAMMA W/O. LATE CHANNEGOWDA, AGED ABOUT 57 YEARS 2. RAMESH S/O.LATE CHANNEGOWDA, AGED ABOUT 28 YEARS BOTH APPELLANTS ARE PRESENTLY R/AT MYSURU ROAD, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 201 PERMANENT ADDRESS R/AT H. ALADAHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT - 573 201.
(BY SRI.GIRISH B BALADARE, ADV.) ... APPELLANTS AND:
1. THE MANAGER SHRIRAM GENERAL INS. CO. LTD., E-8, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN - 302 022.
REPRESENTED BY THE BRANCH MANAGER, SHRIRAM GENERAL INS. CO. LTD., BRANCH OFFICE.
BENGALURU – 560 089 2. SATHISH S/O. KEMPEGOWDA, AGED ABOUT 37 YEARS, R/AT A. CHOLENAHALLI VILLAGE, AGRAHARA POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, PIN - 573 201. ... RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADV. FOR R-1, NOTICE TO R-2 – D/W V.C.O. DATED 05.12.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.11.2016 PASSED IN MVC NO.237/2015 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), PARTLY 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 05.12.2017, 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.1,20,000/- (Rupees One Lakh Twenty 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/Rbv