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.1919/2017(MV) (LOK ADALATH NO.6430/2017) C/w MISCELLANEOUS FIRST APPEAL NO.6688/2017(MV) (LOK ADALATH NO.6429/2017) IN MFA No.1919/2017 BETWEEN:
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN - 302 022 NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.3/5, 3RD FLOOR, S.V.ARCADE, BILEKAHALLI MAIN ROAD, OPP. BANNERUGHATTA ROAD, IIM POST, BANGALORE – 560 076. ... APPELLANT (BY SRI.B C SHIVANNE GOWDA, ADV.) AND:
1. T E SHANKARAPPA S/O LATE ERANAIKA AGED ABOUT 58 YEARS, ADVOCATE AND AGRICULTURIST, R/O KHB COLONY, GOPALA, SHIVAMOGGA CITY - 577 201.
2. MARUTHI S/O HALADAPPA, AGED ABOUT 36 YEARS, R/O BILGUNI GRAMA SHIVAMOGGA TALUK - 577 201.
3. JAYAKUMAR S/O THIMMANNA, AGED ABOUT 47 YEARS, R/O MALENAHALLI VILLAGE, GONIBEEDU POST, THIRTHAHALLI TALUK – 577 432. ... RESPONDENTS (BY SRI.M V MAHESHWARAPPA, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.11.2016 PASSED IN MVC NO.950/2013 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT-7, SHIVAMOGGA, AWARDING COMPENSATION OF RS.8,13,300/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO.6688/2017 BETWEEN:
SRI T E SHANKARAPPA S/O LATE ERANAIKA AGED ABOUT 58 YEARS, ADVOCATE AND AGRICULTURIST R/O K H B COLONY, GOPALA SHIVAMOGGA CITY SHIVAMOGGA DISTRICT – 577 201 ... APPELLANT (BY SRI.M V MAHESWARAPPA, ADV.) AND:
1. MARUTHI S/O HALADAPPA AGED ABOUT 36 YEARS R/O BILGUNI GRAMA SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT – 577 201 2. JAIKUMAR S/O THIMMANNA, AGED ABOUT 47 YEARS, R/O MALENAHALLI VILLAGE, GONIBEEDU POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT – 577 201 3. THE MANAGER SRIRAMA GENERAL INSURANCE CO. LTD., E-8, INDUSTRIAL AREA, SITAPUR JAIPUR, RAJASTHAN STATE – 302 022 ... RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADV. FOR R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.11.2016 PASSED IN MVC NO.950/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, & ADDITIONAL MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 27.11.2017, 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 global sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) instead of Rs.8,13,300/- with interest @ 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.
4. Accordingly, M.F.A. No.1919/2017 filed by the Insurance Company stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly. In view of the settlement arrived at between the parties in M.F.A. No.1919/2017, the appeal in M.F.A. No.6688/2017 filed by the claimant is disposed of 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 Sd/- MEMBER Akd/Rbv