HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.9029/2017 (LOK ADALATH NO.3134/2019) BETWEEN 1. Smt. Shanthamma H.B., W/o late T.B. Niranjana, Aged about 45 years, 2. T.N. Gurumurthy, S/o late T.B. Niranjana, Aged about 25 years, 3. T.N. Adarsha, S/o late T.B. Niranjana, Aged about 23 years, All are R/at. Thimmalapura, Gudigondanahalli Post, Honnavalli Hobli, Tiptur Taluk – 572 217, Tumakuru District. ... Appellants (By Sri M.R. Kumaraswamy, Advocate) AND 1. Apsarkhan, S/o Mahiddinkhan, Aged about 24 years, R/at. # 1294, 5th Main, Tiptur Taluk – 572 201, Tumakuru District.
(Owner of the TATA 407 Bearing Reg. No.KA-36/5340) 2. Shriram General Insurance Co. Ltd., E-8, EPIR, RIICO, Sitapur, Jaipur, Rajasthan – 302 022.
Rep. by its Regional Office, Shriram Gen. Ins. Co. Ltd., # 15, II Floor, Monarch Chamber, Infantry Road, Opp. Infantry Function Hall, Bengaluru – 560 001, (Insurer of the TATA 407, Bearing Reg. No.KA-36-5340) …Respondents (By Sri H.N. Keshava Prashanth, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2017 PASSED IN MVC NO.632/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants and the learned Counsel appearing for the Second Respondent - Shriram General Insurance Company Limited, 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the Second respondent – Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the Second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,70,000/- (Rupees One lakh Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 entire enhanced compensation amount shall be released in favour of the Appellants – Claimants as per the ratio adopted by the Claims Tribunal, on proper identification.
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/-
ACTING CHIEF JUSTICE MKM* Sd/- MEMBER