HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.8249/2012 (LOK ADALATH NO.380/2019) BETWEEN:
RELIANCE GENERAL INSURANCE COMPANY LIMITED NO.4/3, 3/2, 11TH MAIN ROAD III BLOCK, JAYANAGAR, BANGALORE.
HEREIN REPRESENTED BY THE REGIONAL OFFICE, NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M G ROAD, BANGALORE-560 001 BY ITS ZONAL LEGAL MANAGER. ...APPELLANT (BY SRI.H S LINGARAJ, ADV.) AND:
1. JAYAMMA NOW AGED ABOUT 61 YEARS W/O LATE KRISHNAMURTHY R/A HINDAGANALA BANGALORE 2. LAXMINARAYANA MAJOR S/O. MUNIVENKATAPPA R/O PAKKARAHALLI VILLAGE HUDUKULA POST BANGARAPET TALUK KOLAR DISTRICT. ...RESPONDENTS (BY SRI.B.N.SURESH BABU, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.4.2012 PASSED IN MVC NO.2692/2011 ON THE FILE OF IX ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.81,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
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 appearing for the Appellant – Reliance General Insurance Company Limited and learned Counsel appearing for the Respondent No.1 – Claimant along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondent (being authorized by the respondent to sign) and the learned advocate appearing for the Appellant - insurance company and its authorized officer is filed. The respondent No.1 -
claimant has agreed to receive and the appellant-insurance company has agreed to pay a lump-sum of Rs.75,000/- (Rupees Seventy-Five Thousand only) instead of Rs.81,000/- with interest at 6% p.a., awarded by the Tribunal, in full and final settlement of the claim.
3. The Appellant - 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. The amount if, any deposited before this Court shall be transferred to the Tribunal forthwith.
4. The entire modified award amount shall be released in favour of the respondent No.1 -claimant, on proper identification.
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/-
ACTING CHIEF JUSTICE Sd/- MEMBER Mkm*