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.153/2015 (LOK ADALATH NO.316/2019) BETWEEN:
M/S.SHRIRAM GENERAL INSURANCE COMPANY LTD., MONARCH CHAMBERS, INFANTRY ROAD, BANGALORE, REPTD. BY ITS BRANCH MANAGER, NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.302, 3RD FLOOR, S & S CORNER BUILDING, OPP. BOWRING AND CURZON HOSPITAL, SHIVAJINAGAR, BANGALORE – 560 001.
REPTD. BY ITS LEGAL OFFICER. ... APPELLANT (BY SRI.B C SHIVANNE GOWDA, ADV.) AND:
1. SMT.KAVITHA W/O LATE SANJAYKUMAR.K.S., NOW AGED ABOUT 28 YEARS 2. SEENAPPA @ SRINIVAS A S/O LATE ARUNACHALAM, NOW AGED ABOUT 60 YEARS 3. PARVATHAMMA W/O SEENAPPA, AGED ABOUT 24 YEARS, 4. MISS.UMA S D/O. SEENAPPA, AGED ABOUT 24 YEARS 5. MISS.YASHODHA.S. D/O.SEENAPPA, AGED ABOUT 19 YEARS 6. MASTER PADMANATH S S/O SEENAPPA, AGED ABOUT 14 YEARS 7. MASTER THARUN S/O SANJAY KUMAR, AGED ABOUT 4 YEARS, RESPONDENT NO.6 AND 7 ARE MINOR AND REPRESENTED BY FATHER AND MOTHER AND NATURAL GUARDIAN’S I.E.
1ST RESPONDENT AND 2ND RESPONDENT RESPECTIVELY ALL ARE R/AT DOOR NO.677, 2ND MAIN, 7TH CROSS, BANGARAPPA NAGARA, RAJARAJESHWARI NAGARA, BANGALORE – 560 098.
8. MUNIRAJU.K. S/O. KAVERAPPA, MAJOR, KAMASANDRA AGRAHARA VILLAGE, SIDI HOSKOTE POST, KASABA HOBLI, ANEKAL TALUK – 562 106 ...RESPONDENTS (BY SRI.PRAKASH.M.H., ADV. FOR R1 TO R4 & R7) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.09.2014 PASSED IN MVC NO.4827/2012 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE & MEMBER, MACT, BANGALORE, AWARDING COMPENSATION OF RS.46,65,400/- 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 12.02.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representative and the learned counsel for the claimants 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 lump-sum of Rs.46,40,000/- (Rupees Forty Six Lakhs Forty Thousand only) instead of Rs.46,65,800/- with interest at 8% 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