HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.8034/2016 (MV) (Lok Adalat No.2643/2019) BETWEEN SBI GENERAL INSURANCE CO. LTD., RUKMINI TOWERS PLATFORM ROAD SHESHADRIPURAM BANGALORE – 560 020 REP. BY ITS MANAGER ... APPELLANT (BY SRI H.N.KESHAVA PRASHANTH, ADVOCATE) AND 1. SRI RAMACHANDRA S/O SIDDEGOWDA NOW AGED ABOUT 50 YEARS KAKKEHALLI VILLAGE KEMBALU HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 201 2. SMT JAYAMMA W/O SRI RAMACHANDRA NOW AGED ABOUT 45 YEARS KAKKEHALLI VILLAGE KEMBALU HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 201 3. SARAVANA C.
S/O CHINNADURAI NO.5, AMBETHKAR NAGAR WALAJA TALUK VELLORE DISTRICT TAMILNADU … RESPONDENTS (BY SRI HARSHA D. ADVOCATE FOR R1 & R2) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.10.2016, PASSED IN MVC NO.316/2016, ON THE FILE OF THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, AWARDING COMPENSATION OF RS.16,40,000/- WITH INTEREST @ 9% P.A..
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - SBI General Insurance Company Limited and the learned Counsel appearing for the respondent Nos.1 and 2 - claimants 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 appellant – insurance company and its authorized officer is filed and the learned advocate appearing for the respondents (being authorized by the respondents to sign). The respondent Nos.1 and 2 – claimants have agreed to receive and the appellant – insurance company has agreed to pay a lump-sum of Rs.16,40,000/- (Rupees Sixteen Lakhs Forty Thousand only) 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.
4. The apportionment, deposit and release of the compensation amount shall be made as per the judgment and award passed by the Claims 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 KLV Sd/- MEMBER