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:
HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.86/2015(MV) (LOK ADALATH NO.5756/2017) BETWEEN:
SHRIRAM GENERAL INSURANCE CO LTD., NO.S5, 3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BANGALORE, NOW REPRESENTED BY ASSISTANT LEGAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., 3RD FLOOR, S & S CORNER BUILDING, OPP:BOWRING & LADY CURZON HOSPITAL, SHIVAJI NAGAR, BENGALURU - 560 001. ... APPELLANT (BY SRI.A N KRISHNA SWAMY, ADV.) AND:
1. SMT RATHNAMMA W/O JAYARAMA. D, NOW AGED ABOUT 37 YEARS 2. JAYARAMA D S/O LATE DODDAIAH, NOW AGED ABOUT 42 YEARS 3. VINUTHA J D/O JAYARAMA.D, NOW AGED ABOUT 17 YEARS, SINCE MINOR REPTED BY HER FATHER /NATURAL GUARDIAN THE 2ND RESPONDENT HEREIN ALL R/AT # 2, I MAIN ROAD, 9TH CROSS, ANANTHANAGARA, BAPUJINAGARA, BENGALURU - 560 026.
4. ZAREENA BEGUM W/O SALEEM J, MAJOR, R/O GROUND FLOOR, 7TH MAIN ROAD, 1 STAGE, GOKULA, BENGALURU - 560 022. ... RESPONDENTS (BY SRIYUTHS PRAKASH M H & I.S. PRAMOD, ADVS. FOR R1 & R2, NOTICE TO R.4 IS D/W. V.O. DATED: 20.03.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.10.2014 PASSED IN MVC NO.3743/2013 ON THE FILE OF THE VIII ADDITIONAL SCJ & XXXIII ACMM, MEMBER-MACT, BANGALORE, AWARDING COMPENSATION OF RS.9,56,200/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 17.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Appellant-Insurance Company along with its representatives and the learned counsel for the Respondents-claimants are present.
2. After prolonged negotiation, the matter is settled. The Appellant-Insurance Company has agreed to pay a sum of Rs.8,94,000/- (Rupees Eight Lakhs Ninety Four Thousand Only) with interest @ 8% p.a. from the date of petition till deposit, instead of Rs.9,56,200/- with interest @ 8% p.a. as 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