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.7694/2017 (MV) (LOK ADALATH NO. 7156/2017) BETWEEN:
THE MANAGER SHRI.RAM GIC LTD., NO.5, 2ND FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BANGALORE, NOW REP. BY LEGAL MANAGER SHRIRAM GENERAL INS. CO. LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE, BELEKAHALLI MAIN ROAD, OPP. BANNERGHATTA ROAD, LIMB POST, BANGALORE - 76. ... APPELLANT (BY SRI B.PRADEEP, ADV.) AND:
1. SMT.VIJAYA W/O LATE RAMACHANDRA, NOW AGED ABOUT 46 YEARS.
2. SMT.SMITHA D/O RAMACHANDRA, NOW AGED ABOUT 31 YEARS.
3. GOVINDARAJU S/O LATE RAMACHANDRA, NOW AGED ABOUT 27 YEARS.
4. RAJAGOPAL S/O LATE RAMACHANDRA, NOW AGED ABOUT 25 YEARS.
5. CHIKKAMARAMMA W/O KALARASAIAH, NOW AGED ABOUT 81 YEARS, RESPONDENT NO.3 TO 5 ARE R/AT P.RAMAPURA, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST. – 562 117 RESPONDENT NO.1 AND 2 R/AT NO.128-70, INDIRANAGARA, SONDEKOPPA ROAD, NELAMANGALA, BANGALORE RURAL DIST. – 562 123 6. IDRISH KHAN S/O JAFFER KHAN, NO.226, SAGED VILLAGE, CHAMARAJANAGARA TALUK AND DIST. – 571 442 ... RESPONDENTS (BY SRI. P. SHIVAKUMAR, ADV. FOR R-1 TO R-5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.07.2017 PASSED IN MVC NO.96/2014(OLD MVC NO. 443/2013) ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KANAKAPURA, AWARDING COMPENSATION OF RS.13,36,300/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
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 Appellant-Shriram General Insurance Company Limited along with its representatives and the learned counsel for the Respondents-claimants are present.
2. After prolonged negotiation, the matter is settled. The Appellant-Insurance Company has agreed to pay a sum of Rs.11,36,300/- (Rupees Eleven Lakhs Thirty Six Thousand Three Hundred Only) with interest @ 7.5% p.a. from the date of petition till deposit, instead of Rs.13,36,300 with interest @ 7.5% p.a. as awarded by the Tribunal, in full and final settlement of the claim.
3. The Insurance Company has already deposited a sum of Rs.8,52,111/- (Rupees Eight Lakhs Fifty Two Thousand One Hundred Eleven only) vide Cheque bearing No.867552 before this Court and the appellant Insurance Company has agreed to deposit the remaining 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 modified compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court is ordered to be transferred to the jurisdictional Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/mkm