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 MISCELLANEOUS FIRST APPEAL NO.8088/2015(MV) (LOK ADALATH NO. 7154/2017) BETWEEN:
SHRIRAM GENERAL INS. CO. LTD., S & S BUILDING, 3RD FLOOR, BOWRING HOSPITAL ROAD, SHIVAJINAGAR, BENGALURU - 560 001. NOW REPRESENTED BY ITS DEPUTY MANAGER LEGAL, SHRIRAM GENERAL INS. CO LTD., # 5/4, 3RD FLOOR, S V ARCADE, BILEKAHALLI MAIN ROAD, OFF: B.G. ROAD, IIM POST, BENGALURU - 560 076. ... APPELLANT (BY SRI A N KRISHNA SWAMY, ADV.) And:
1. RAMAKRISHNAIAH S/O CHANNAHANUMAIAH, NOW AGED ABOUT 47 YEARS 2. SMT. SIDDAMMA W/O RAMAKRISHNAIAH, NOW AGED ABOUT 42 YEARS 3. MISS ASHA D/O RAMAKRISHNAIAH, NOW AGED ABOUT 21 YEARS 4. CHANNAHANUMAIAH S/O LATE THIRUMALAIAH NOW AGED ABOUT 84 YEARS, ALL ARE R/AT 291, II MAIN, 3RD CROSS, RAVINDRANAGAR, T. DASARAHALLI, BENGALURU NORTH - 560 057.
5. JAGADISHA H. K S/O KALASEGOWDA, MAJOR, NO.48, HALLALU VILLAGE, NALLIGERE POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432. ... RESPONDENTS (BY SRI PRAKASH M.H., ADV. FOR R.1 TO 4, NOTICE TO R.5 IS D/W. V.O. DATED: 24.10.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.08.2015 PASSED IN MVC NO.3939/2014 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BANGALORE, AWARDING A SUM OF RS.10,52,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Appellant–Shriram General Insurance Company Limited along with its representatives 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 a global sum of Rs.10,02,000/- (Rupees Ten Lakhs Two Thousand Only) with interest at 9% p.a. from the date of petition till the date of deposit, instead of Rs.10,52,000/- with interest at 9% p.a., awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
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.
Sd/- JUDGE Sd/- MEMBER Akd/mkm