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. 1198/2016(MV) (Lok Adalat No. 3881/2017) BETWEEN 1. SRI.V.SURESH @ SURESH S/O. LATE. VENKATESHAPPA, AGED ABOUT 33 YEARS, 2. SMT. NAGALAKSHMI W/O. V. SURESH @ SURESH, AGED ABOUT 27 YEARS, APPELLANTS ARE R/AT NO. 1, 1ST MAIN ROAD, PATTANDUR AGRAHARA GATE, AMBEDKAR NAGAR, WHITEFIELD, KADUGUDI POST, BANGALORE 560067. ... APPELLANTS (BY SRI: SHRIPAD V SHASTRI AND SRI. K.V. NAIK, ADVOCATES) AND 1. SRI.MAHALINGE GOWDA G.S MAJOR IN AGE, S/O. SIDDEGOWDA, NO. 113, 5TH CROSS, MANJUNATHA NAGAR, NAGASANDARA POST, BANGALORE NORTH TALUK, BANGALORE 560073.
2. THE LEGAL MANAGER M/S. SRIRAM GENERAL INSURANCE CO. LTD, NO. 305, 3RD FLOOR, SS CORNER BUILDING, OPP. BOWRING AND LADY CURZON HOSPITAL, SHIVAJINAGAR, BANGALORE-560 025. ... RESPONDENTS (BY SRI : B.C. SHIVANNE GOWDA, ADVOCATE FOR R2, NOTICE TO R-1 – D/W V.C.O. DATED 13.09.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 9.12.2015 PASSED IN MVC NO.6732/2013 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM, MEMBER, MACT (SCCH-5), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the respondent – SRIRAM GENERAL INSURANCE CO. LTD. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand only), in addition to what has been 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. The 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 apportionment of the enhanced compensation amount shall be made in accordance with the directions issued by the Tribunal in its Award and the entire enhanced compensation amount including the amount which is kept in Fixed Deposit in the Nationalized Bank, shall be released in favour of the appellants – claimants 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 Rbv