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. 10443/2011 (MV) (Lok Adalat No. 4672/2016) BETWEEN 1. Rukmini W/o Ramesh, Aged about 27 years.
2. Bhumika D/o Ramesh, Aged about 8 years.
3. Ambika D/o Ramesh, Aged about 6 years.
Appellant Nos.2 and 3 are minors, Represented by their natural guardian Mother, r/at Kurubagalli Village, Bookanakere Hobli, K.R. Pet Taluk, Mandya Dist. – 571 401.
Presently residing at : Do. No.463, Ganapati Temple Road, 11th Cross, B.M. Shri Nagara, Metagalli, Mysore – 570 001. ... APPELLANTS (By Sri. K.M. Sanath Kumara, Advocate) AND 1. B. Shyam Kumar S/o Balaram Shetty, Aged about 47 years, R/a Old BMS Road, No.41, Arsikere, Hassan Dist.-573 201.
2. B. Shashikumar S/o Balaram Shetty, Aged about 36 years, R/at Old BMS Road, Arsikere, Hassan Dist. – 573 201.
3. The Manager, Royal Sundaram General Insurance Co. Ltd., Legal Department, Soreuto Building, No.6, 1st Floor, Latice Bridge, Alyar, Chennai – 20.
4. Devamma W/o Late Baanegowda, Ballekere Hobli, K.R. Pet Taluk, Mandya Dist. – 571 401. ... RESPONDENTS (By Sri. K. Suryanarayana Rao, Advocate for R-3, M/s. Nag Associates, Advocates for R-1 and R-2, Sri. N.S. Sanjay Gowda, Advocate for R-4) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2009 PASSED IN MVC NO. 332/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-V AND MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 claimants-appellants and the learned Counsel for the respondent – Royal Sundaram 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. 2,25,000/- (Rupees Two Lakhs Twenty Five 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 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 Rbv