HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA .S CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 2011/2012(MV) (Lok Adalat No. 1018/2017) BETWEEN M/s. Shriram General Insurance Co. Ltd., S-5, 2nd Floor, Monarch Chambers, Infantry Road, Bangalore, Rep. by its Legal Officer. ... APPELLANT (BY SRI: H.N. KESHAVA PRASHANTH, ADVOCATE) AND 1. Sri. M. Devaraj S/o Muniswamappa, Aged about 52 years.
2. Smt. Thayamma W/o M. Devaraj, Aged about 42 years.
3. Sri. M.D. Puttaraju S/o M. Devaraj, Aged about 23 years.
All are residing at Door No.300, 3rd Road, Behind Petrol Bunk, ‘D’ Cross, Doddaballapura Town, Bangalore Rural Dist.
4. Sri. Lokesh S/o Kapani Gowda, No.305/1, Nuggenahalli (V) and (P), Channarayanapatna Taluk, Hassan Dist. ... RESPONDENTS (BY SRI : V. JAVAHAR BABU, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.11.2011 PASSED IN MVC NO.2618/2010 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BANGALORE.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER This appeal has been filed by the Insurance Company. The learned Counsel for the appellant - SHRIRAM GENERAL INSURANCE CO. LTD. along with its representative and the learned Counsel for the claimants – respondent Nos.1 to 3 are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the claimants - Respondent Nos.1 to 3 have agreed to receive a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs.12,85,800/- with interest @ 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. In compliance of the interim order passed by this Court, the Insurance Company has already deposited Rs.9,99,348/- (Rupees Nine Lakhs Ninety Nine Thousand Three Hundred Forty Eighty only) with this Court. Therefore, the Insurance Company is directed to deposit the remaining amount as agreed between the parties along with 6% interest before the Tribunal within Two 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. The amount so deposited before this Court shall be transferred to the learned Tribunal.
4. The apportionment of the modified compensation amount shall be made in accordance with the directions issued by the Tribunal in its Award and the same shall be disbursed in favour of the claimants – respondent Nos.1 to 3 in accordance with the Award passed by the Tribunal, on proper identification.
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 Rbv Sd/- MEMBER