HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL NO. 3843/2012 (MV) (LOK ADALAT NO. 477/2015) BETWEEN:
1 . SMT RENIS MARY, WIFE OF PETER I, AGED ABOUT 31 YEARS, 2 . RATHIXH SURYA, SON OF PETER I, AGED ABOUT 13 YEARS, 3 . BHARATH , SON OF PETER I, AS APPELLANT NOS.2 AND 3 ARE MINORS, REPRESENTED BY MOTHER SMT RENIS MARY AS , NATURAL GUARDIANALL, ALL ARE RESIDING AT NO.120, ROTARY NAGARA KADICHIKKANAHALLI, BENGALURU 68.
...APPELLANTS (BY SMT.C G ASHADEVI, ADVOCATE) AND:
1 . THE MANAGER BAJAJ ALLIANZ GEN. INS. CO.LTD., GROUND FLOOR NO.31, TBR TOWER IST CROSS, NEW MISSION ROAD, ADJACENT TO JAIN COLLEGE BENGALURU STOCK EXCHANGE BENGALURU – 560 027.
2 . SRI MAHENDRAN P SON OF PARTHASARATHI NO.10, 5TH B CROSS, HARADHAMBANAGARA, JALAHALLI, BANGALORE 560 013 RESPONDENTS (BY SRI. H S LINGARAJ, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DATED 19.02.2015) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 22.07.2011, PASSED IN MVC NO. 1170/2010, ON THE FILE OF II ADDL. JUDGE, COURT OF SMALL CAUSES, BENGALURU, 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 claimants-appellants and the learned Counsel for the Respondent No.1 – Bajaj Allianz General Insurance Co. Ltd., 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.5,00,000/- (Rupees Five Lakhs 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 in terms of the Judgment and Award passed by the 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 MH/-