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. 7712/2015 (MV) (LOK ADALATH NO.5642 /2017) C/W MISCELLANEOUS FIRST APPEAL NO. 8432/2015 (MV) (LOK ADALATH NO.5643/2017) IN MFA NO. 7712/2015 BETWEEN:
Shriram General Ins. Co. Ltd., Legal Office, No.5, Monarch Chambers, 3rd Floor, Infantry Road, Bangalore – 560 001. Now represented by its Deputy Manager Legal, Shriram General Ins. Co. Ltd., No.5/4, 3rd Floor, S.V. Arcade, Bilekahalli Main Road, Off: B.G.Road, IIM Post, Bengaluru – 560 076. ... Appellant (By Sri A.N.Krishnaswamy, Advocate) AND:
1. Smt. Shobha W/o Rangaswamy, Aged about 49 years, 2. Rangaswamy S/o Late Basavaiah, Aged about 59 years, 3. Kum. Deepika D/o Rangaswamy, Aged about 26 years, All r/a No.13/2, 2nd Main Road, Kalidasa Layout, Srinagar, Bengaluru – 560 050.
4. C. Parameshwara S/o Chikkanna, Major, # 874, Ittigegud, Arunachala Street, Mysore – 570001.
5. Shipashree, D/o Ramakrishna, Now aged about 46 years, # 1519, 3rd Cross, Mahadevapura, J.P. Nagar, Mysore – 570001. .. Respondents (By Sri C.Puttaswamy, Advocate for R-1 – R-3) This MFA is filed u/s 173(1) of MV Act against the judgment and award dated: 25.07.2015 passed in MVC No. 2406/2014 on the file of the VIII Addl. Small Causes Judge and MACT, Bengaluru, awarding a compensation of Rs. 12,97,000/- with interest @ 6% p.a. from the date of petition till realization.
IN MFA NO. 8432/2015 BETWEEN:
1. Smt. Shobha W/o Rangaswamy, Aged about 49 years, 2. Sri Rangaswamy S/o Late Basavaiah, Aged about 59 years, 3. Kum. Deepika D/o Rangaswamy, Aged about 26 years, All are r/at No.13/2, 2nd Main Road, Kalidasa Layout, Srinagar, Bengaluru – 560 050. ... Appellants (By Sri Puttaswamy C., Advocate) AND:
1. C.Parameshwara S/o Chikkanna, No.874, Ittigegud, Arunachala Street, Mysore – 570 010.
[Rep. by his counsel] 2. Shriram General Ins. Co. Ltd., Legal Office, No.5/4, 3rd Floor, S.V. Arcade, Bilekele Main Road, Off: Banneraghatta Road, 2nd MB Post, Bengaluru – 560 076.
[Represented by its Manager] 3. Shilpashree D/o Ramakrishna Aged about 46 years, No.1519, 3rd Cross, Mahadevapura, J.P.Nagar, Mysore – 570 008.
[Rep. by her counsel] … Respondents This MFA is filed u/s 173(1) of MV Act against the judgment and award dated: 25.07.2015 passed in MVC No. 2406/2014 on the file of the VIII Addl. Small Causes Judge and MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
These appeals 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 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 Respondent - Shriram General Insurance Company Limited has agreed to pay and respondents - claimants have agreed to receive a sum of Rs.12,20,000/- (Rupees Twelve Lakhs Twenty Thousand Only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs.12,97,000/- with interest at 6% per annum 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 Shriram General Insurance Company Limited 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.
5. Miscellaneous First Appeal No.7712/2015 filed by the appellant – Insurance Company stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA No.7712/2015, MFA No.8432/2015 filed by the claimants is hereby disposed of. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER Mkm