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. 9417/2015 (MV) (Lok Adalat No. 5979/2017) BETWEEN The Shriram General Ins. Co. Ltd., 3rd Floor, S and S corner Building, Opp: Bowring and Lady Curzon Hospital, Shivajinagar, Bangalore-01. … Appellant (By Sri Pradeep B., Advocate) AND:
1. V. Rathnamma, W/o Late Krishnappa, Aged about 41 years, 2. S.K.Pavankumar, S/o Late Krishnappa, Aged about 19 years.
Both are permanent r/o: No.253, Doddashivara Village, Kasaba Hobli, Malur Taluk, Kolar District. Presently r/at No.140, Masjid Road, K.R.Puram, Bangalore-36.
3. K.M. Sadananda S/o Motappa, Aged about 25 years, r/at Kadadenahalli Village, Kasaba Hobli, Malur Taluk, Kolar District – 01. ... Respondents (By Sri Gopalkrishna, Advocate for R-1 and R-2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2015 PASSED IN MVC NO.398/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALUR AWARDING COMPENSATION OF RS.18,57,200/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL ITS COMPLETE PAYMENT.
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 Co. Ltd. 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 and 2 – claimants have agreed to receive a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs. 18,57,200/- 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 modified 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