HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.7709/2015 (MV) (Lok Adalat No.896/2019) BETWEEN 1. SRI BASAVARAJA S/O BHEEMANNA AGED ABOUT 49 YEARS 2. SMT.DEVAKAMMA W/O BASAVARAJA AGED ABOUT 41 YEARS BOTH ARE R/AT NAGALAPURA VILLAGE BHALI CHAKRA POST YADAGIRI TALUK & DISTRICT ALO R/AT C/O.KHADAR SHERIF SHED KODEGEHALLI BANGALORE – 560 067 ... APPELLANTS (BY SRI K.VISHWANATHA, ADVOCATE) AND 1. M/S. SBI GENERAL INSURANCE CO. LTD. MOTOR CLAIMS HUB NO.3/1, GROUND FLOOR RUKMINI TOWERS NEAR SWATHI HOTEL PLATFORM ROAD, SHESHADRIPURAM BANGALORE – 560 020 2. M/S. ALPINE HOUSING DEVELOPMENT CORPORATION LTD., 302-10, ALPINE ARCH LANGFORD ROAD SHANTHINAGAR BENGALURU – 560 027 ... RESPONDENTS (BY SRI RAVI S.SAMPRATHI, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.11.2014 PASSED IN MVC NO.698/2014, ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent – SBI General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first Respondent - 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. The entire enhanced compensation amount shall be released amongst appellants – claimants equally, 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 Sd/- MEMBER KLV