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.3721/2016 (MV) (LOK ADALATH NO.4189/2017) BETWEEN:
THE REGIONAL MANAGER SHRIRAM GENERAL INSURANCE CO.LTD., REGIONAL OFFICE, # 10003, EIS RIICO INDUSTRIAL AREA, SITAPURA, RAJASTHAN STATE – 302 022, NOW REPRESENTED BY DEPUTY MANAGER LEGAL, SHRIRAM GENERAL INS CO. LTD., # 5/4, 3RD FLOOR, S V ARCADE, BILEKAHALLI MAIN ROAD, OPP: B G . ROAD, IIM POST, BENGALURU – 560 076 ... APPELLANT (BY SRI.A N KRISHNA SWAMY, ADV.) AND:
1. SMT.BHAGYAMMA W/O MAHANTAPPA @ MAHANTESHA , NOW AGED ABOUT 32 YEARS, OCC : HOUSEHOLD WORK 2. MANJULA D/O MAHANTAPPA @ MAHANTESHA, NOW AGED ABOUT 18 YEARS, OCC : STUDENT 3. RANJITHA D/O MAHANTAPPA @ MAHANTESHA, NOW AGED ABOUT 16 YEARS, OCC : STUDENT 4. PRASANNA S/O MAHANTAPPA @ MAHANTESH NOW AGED ABOUT 15 YEARS, 5. SMT LAKSHMAMMA W/O MARAPPA, NOW AGED ABOUT 62 YEARS, RESPONDENT NO. 3 & 4 HEREIN SINCE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN/MOTHER THE 1ST RESPONDENT HEREIN ALL PERMANENT R/O PAPENAHALLI VILLAGE, RAYANAHALLI POST, CHITRADURGA TALUK & DISTRICT – 577 502 6. EKANTHAIAH @ EKANATHAPPA S/O DODDANAYYA NOW AGED ABOUT 44 YEARS, OCC : DRIVER, R/O SHIVAGANGA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 526 7. SOMASHEKARAPPA S/O LATE KALLAPPA NOW AGED ABOUT 44 YEARS, R/O RUMMAGHATTA VILLAGE, CHITRADURGA TALUK & DISTRICT 577 501 ... RESPONDENTS (BY SRI.R SHASHIDHARA, ADV. FOR R-1, R-3 TO R-5, NOTICE TO R-6 & R-7 – D/W V.C.O. DATED 23.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.01.2016 PASSED IN MVC NO.602/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & CJM, MACT-III, CHITRADURGA, AWARDING COMPENSATION OF RS.14,72,800/- WITH INTEREST @ 7.5% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 23.10.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant – Shriram General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant-Insurance Company has agreed to pay a global sum of Rs.13,20,000/- (Rupees Thirteen Lakhs Twenty Thousand Only) instead of Rs.14,72,800/- with interest at 7.5% p.a. from the date of petition till the date of deposit 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 modified award amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court shall be transferred to the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv