HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 178/2014 (MV) (Lok Adalat No. 4201/2017) BETWEEN Shriram General Ins. Co. Ltd., No.S-5, III Floor, Monarch Chambers, Infantry Road, Bangalore. Represented by:
Legal Officer, Shriram General Insurance Co. Ltd., 3rd Floor, S and S Corner Building, Opp: Bowring and Lady Curzon Hospital, Shivaji Nagar, Bangalore- 560 001. …Appellant (By Sri A.N.Krishnaswamy., Advocate) AND:
1. Smt. Manjula W/o Late Venkataramanappa, Aged about 39 years, 2. Master Sunilkumar S/o Late Venkataramanappa, Aged about 17 years, 3. Master Praveen Kumar, S/o Late Venkataramanappa, Aged about 15 years, Respondent Nos.2 and 3 herein Since minors, reptd. by their Natural guardian and mother, The 1st respondent herein.
4. Muniyappa S/o Late Hanumappa, Aged about 71 years, All are r/at Deshappa Building, Boodigere Cross, Bidarahalli Hobli, Bangalore East Taluk – 560 049.
5. Paramesha S/o Giddaiah, Major, R/o Hanumanahalli Village, Angarahalli Post, Holenarasipura Taluk, Hassan District. ... Respondents (By Sri Manjunatha T., Advocate for R-1 and R-4) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.09.2013 PASSED IN MVC NO.230 /2013 ON THE FILE OF THE 14TH ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU CITY.
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 appellant – Shriram General Insurance Company Limited along with its representative and the learned Counsel for the respondents – claimants are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the Respondents No.1 to 4 – claimants have agreed to receive a sum of Rs. 36,47,500/- (Rupees Thirty Six Lakhs Forty Seven Thousand and Five Hundred only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs. 38,22,500/- with interest at 6% p.a. 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 enhanced compensation amount 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 transferred to the jurisdictional Tribunal forthwith.
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/Rbv Sd/- MEMBER