HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 3434/2011 (MV) (Lok Adalat No. 5263/2016) c/w M.F.A. CROB.NO. 8/2014 (Lok Adalat No.5264/2016) IN M.F.A. NO. 3434/2011:
BETWEEN M/s. Royal Sundaram General Insurance Co. Ltd., Branch Office, Balaji Buildings, Brigade Towers, Bangalore, Through Corporate Office, Sorrento Buildings, Lattice Bridge Road, Adyar, Chennai, By duly constituted attorney. ... APPELLANT (By Sri. K. Suryanarayana Rao, Advocate) AND 1. Sri. M. Nazeer Basha @ Nazir Ahamed S/o Mahaboob Basha, Aged about 37 years, R/at No.3351, 5th Cross, 12th Main Road, H.A.L. 2nd Stage, Indiranagar, Bangalore – 38.
2. Smt. Mamatha R. W/o Ashok Chakravarthy, Major in age, R/at No.148, 8th Main, Maruthi Layout, HA Farm Post, Hebbal Agriculture Farm, Dasarahalli, Bangalore-24. ... RESPONDENTS (By Sri. P. Suresh, Advocate for R-1, Sri. R. Chandrashekar, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2011 PASSED IN MVC NO. 9096/2009 ON THE FILE OF THE 14TH ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU CITY.
IN M.F.A. CROB. NO. 8/2014:
BETWEEN:
M. Nazeer Basha @ Nazir Ahmed S/o Mahaboob Basha, Aged about 37 years, R/at No.3351, 5th Cross, 12th Main Road, H.A.L. 2nd Stage, Indiranagar, Bangalore – 560 038. ... CROSS. OBJECTOR (By Sri. P. Suresh, Advocate) AND 1. M/s. Royal Sundaram General Insurance Co. Ltd., No.132, 2nd Floor, Brigade Road, Sri Balaji Building, Next to Brigade Towers, Bangalore560 025.
Present Address:
M/s. Royal Sundaram General Insurance Co. Ltd., No.186/7, Ground Floor, Raghavendra Complex, Hosur Main Road, Wilson Garden, Bangalore – 560 027.
2. Smt. Mamatha R. W/o Ashok Chakravarthy, Major in age, R/at No.148, 8th Main, Maruthi Layout, HA Farm PO, Hebbal Agriculture Farm, Dasarahalli, Bangalore-560 024. ... RESPONDENTS (By Sri. K. Suryanarayana Rao, Advocate for R-1) MFA CROB. FILED UNDER ORDER XLI RULE 22 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND AWARD DATED 21.01.2011 PASSED IN MVC NO. 9096/2009 ON THE FILE OF THE 14TH ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU CITY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEAL AND CROSS OBJECTION COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant – Royal Sundaram General Insurance Co. Ltd. along with its representative and the learned Counsel for the 1st respondent – claimant are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the 1st Respondent – claimant has agreed to receive a lump sum of Rs. 5,25,000/- (Rupees Five Lakhs Twenty Five Thousand only) instead of Rs.4,33,900/- with interest @ 6% p.a. from the date of petition till the date of realization, 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 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.
4. The apportionment, deposit and release of the modified/reduced compensation 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 transmitted to the jurisdictional Tribunal forthwith for disbursement.
5. Accordingly, M.F.A. No.3434/2011 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. In view of the settlement arrived at in M.F.A. No.3434/2011, M.F.A. Crob. No.8/2014 filed by the claimant is disposed of in terms of the award made in Miscellaneous First Appeal.
Sd/- JUDGE Rbv Sd/- MEMBER