HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI. A.K.BHAT, MEMBER M.F.A.No.9287/2018 (MV) (Lok Adalat No.3253/2019) BETWEEN:
1. SRI. M.N.LOKESHA, S/O NARAYANAPPA, AGED ABOUT 42 YEARS, 2. SMT. M.H.VIJAYA, S/O M.N.LOKESHA, AGED ABOUT 37 YEARS, BOTH ARE RESIDING AT C/O B.M.GANGANNA, NO.39, PAPANNA BUILDING, GOPI SCHOOL ROAD, MEENAKSHI NAGAR, KAMAKSHIPALYA EXTN., BENALURU – 560 079. ... APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND:
1. C.R. ABDUL HAQ, S/O ABDUL RUB, R/AT VALAGERAMMA TEMPLE ROAD, TIPPU CIRCLE, BAGUR ROAD, CHANNARAYAPATNA, HASSAN DISTRICT.
2. SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, III FLOOR, S & S CORNER BUILDING, FLAT NO.48, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE – 01. ... RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS D/W V/O DTD: 14.08.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.08.2018, PASSED IN MVC NO.4309/2017, ON THE FILE OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES, 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 This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Sriram General Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent - Sriram General Insurance Company Limited along with its representative are present.
3. 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 second Respondent - Insurance Company and its authorized officer is filed, which reads as under:
“The Appellant has agreed to receive and Respondent SRIRAM GEN. CO. LTD., has agreed to pay a lump-sum of Rs.40,000/-(Rupees Forty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
The Respondent SRIRAM GEN. CO. LTD., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.”
4. The appellants - claimants have agreed to receive and the second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
5. The second 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.
6. The entire enhanced compensation amount shall be released in favour of the appellants – claimants as per the ratio adopted by the Claims Tribunal, on proper identification.
7. 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 NR/-