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.3709/2016 (MV) (LOK ADALATH NO.7152/2017) BETWEEN:
SHRIRAM GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, #14, II FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BENGALURU – 560 001.
NOW REPRESENTED BY 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. CHANDREGOWDA S/O DASEGOWDA, NOW AGED ABOUT 54 YEARS 2. SMT VANAJAKSHI W/O CHANDREGOWDA, NOW AGED ABOUT 49 YEARS 3. RASHMI D/O CHANDREGOWDA, NOW AGED ABOUT 21 YEARS, ALL ARE R/AT NO.53, BYADARAHALLI, CHANNARAYAPATNA, HASSAN DISTRICT PRESENTLY AT #93.2, II CROSS, GOKUL I STAGE, I PHASE, MATHIKERE, BENGALURU – 560 054.
4. SUNIL M M S/O MADAPPA M, MAJOR, NO.28, MADIHALLI VILLAGE & POST, ARKALGUD, HASSAN DISTRICT – 573 216.
... RESPONDENTS (BY SRI. R.G. HALESHA, ADV. FOR R-1 TO R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.04.2016 PASSED IN MVC NO.3015/15 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE & 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, AWARDING COMPENSATION OF RS.13,81,000/- WITH INTEREST AT 8% 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 along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The appellant-Insurance Company has agreed to pay a sum of Rs.11,10,000/- (Rupees Eleven Lakhs Ten Thousand Only) with interest at 8% p.a. instead of Rs.13,81,000/- with interest at 8% p.a. from the date of petition till the date of deposit 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 modified award amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited by the Insurance Company before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER