HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 8568/2016 (MV) (Lok Adalat No.1241/2018) BETWEEN 1. Smt. Ramya W/o. Late M.P. Prashanth Kumar, Aged about 24 years.
2. Kum. Poorna Thejaswini D/o. Late. M.P. Prashanthkumar, Aged about 5 years.
3. Sakamma W/o. Papegowda, Aged about 58 years.
4. Mast. Abhay S/o. Late. M.P. Prashanth Kumar, Aged about 5 years.
(Appellants No.2 and 4 are minors represented by their natural guardian – mother 1st appellant) All are R/o. Makavalli village, Kasaba Hobli, Holenarasipura Taluk, Presently at: Marenahalli Village, Shanthigrama Hobli, Hassan Taluk, Hassan-573 201. ... Appellants (By Smt. Kavitha H.C., Advocate) AND 1. R.A. Manjunatha S/o. Annegowda, Rajaghatta Village and Post, Hassan Taluk, Hassan District, Hassan-573 201.
2. The Manager, Shriram General Insurance Company Limited, E-8, RICO Industrial Area, Seethapura, Jaipura, Rajasthana-303 002. ... Respondents (By Sri. B.C. Shivanne Gowda, Advocate for R.2; Notice to R.1 is d/w. V/o. dated 02.07.2018) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2016 PASSED IN MVC NO.397/2013 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND MEMBER, M.A.C.T., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellants - claimants 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. 6,47,000/- (Rupees Six Lakh Forty Seven 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 as per the ratio adopted by the claims 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 Sd/- MEMBER KG