HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.3647/2014 (LOK ADALATH NO.333/2019) BETWEEN:
SHRIRAM GENERAL INSURANCE CO. LTD., E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN – 302 022 NOW REPRESENTED BY ITS LEGAL OFFICER SHRIRAM GENERAL INSURANCE CO. LTD., 3RD FLOOR, S & S CORNER BUILDING, OPP: BOWRING & LADY CURZON HOSPITAL SHIVAJI NAGAR, BANGALORE – 560 001 ... APPELLANT (BY SRI.A.N.KRISHNA SWAMY, ADV.) AND:
1. SMT.NASEEMA W/O LATE K.MOHAMMED IQBAL, NOW AGED ABOUT 30 YEARS 2. FATHIMATH ZAHARA D/O LATE K.MOHAMMED IQBAL NOW AGED ABOUT 8 YEARS 3. MOHAMMED FAIZ S/O LATE K.MOHAMMED IQBAL NOW AGED ABOUT 2 YEARS 2 MONTHS, RESPONDENTS NO.2 & 3 HEREIN SINCE MINORS REPTD. BY THEIR BY NATURAL GUARDIAN, MOTHER THE 1ST RESPONDENT HEREIN.
4. K.ABDULLAHA S/O HAMABBA NOW AGED ABOUT 56 YEARS 5. SMT.A MAIMUNA W/O K.ABUDUALLAHA NOW AGED ABOUT 50 YEARS, ALL R/A II-270, JANATHA COLONY KALARA, KADABA POST & VILLAGE, PUTTUR TALUK, D.K., TEMPORARILY R/AT MANZIL HOUSE, M R BHAT LANE, JEPPU , MANGALORE, D.K.
6. PRAKASH S.CHOUGALA S/O SHIVAJI CHOUGALA, NOW AGED ABOUT 56 YEARS, R/A SHINDHI KURABAT, GOKAK TALUK, BELGAUM DISTRICT ... RESPONDENTS (BY SRI.G.RAVISHANKAR SHASTRY, ADV. R1 TO R5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.01.2014 PASSED IN MVC NO.1530/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT, MANGALORE, AWARDING COMPENSATION OF RS.15,39,000/- WITH INTEREST @ 6% P.A.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 14.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the 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 and Respondents-claimants have agreed to receive a sum of Rs.13,54,000/- (Rupees Thirteen Lakhs Fifty Four Thousand only) with interest at 6% instead of Rs.15,39,000/- with interest at 6% 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. A joint memo has been filed to that effect.
4. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stand modified. Draw up the Award accordingly. Amount in deposit be transferred to be Tribunal forthwith.
Sd/-
ACTING CHIEF JUSTICE lnn Sd/- MEMBER