HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L. NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 3897/2017 (MV) (Lok Adalat No. 4517/2017) BETWEEN 1. Smt. Sakamma W/o Late Nagaraj, Aged about 35 years, 2. Ramya D.N.
D/o Late Nagaraj Aged about 21 years, 3. Nagarjuna S/o Late Nagaraj, Aged about 19 years, 4. Govindappa S/o Aged about 63 years, 5. Smt. Batamma W/o Govindappa, Aged about 61 years, All are residing at B.Beeranahalli, Shimoga Taluk And District – 577201. ... Appellants (By Sri M.V.Maheswarappa, Advocate) AND 1. Mohammed Gouse, S/o Abdul Khader, Major, Sadar Colony, R/o Sadath Colony, Tarikere Road, Bhadravati, Shivamogga District – 577 201.
2. Mohamed Sayeed S/o Abdul Karim, age major, R/o No.139, K.R.Puram, Shivamogga – 577 201.
3. The Manager, Srirama General Ins. Co. Ltd., E-8, EPIR, Seetapura, Industrial Area, Jaipur, Rajastan – 220 021. …Respondents (By Sri B.C.Shivannegowda, Advocate for R-3] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.02.2017 PASSED IN MVC NO. 700/2014 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, SHIVAMOGGA, 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 – Shriram General Insurance Company Limited 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. 4,68,384/- (Rupees Four Lakhs Sixty Eight Thousand Three Hundred and Eighty Four 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 Mkm Sd/- MEMBER