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.4580/2014 (MV) (LOK ADALATH NO.4726/2016) BETWEEN:
1. SMT.SUDHA W/O LATE CHANDRAIAH AGED ABOUT 26 YEARS 2. ARPITHA D/O LATE CHANDRAIAH AGED ABOUT 7 YEARS APPELLANT NO.2 SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 BOTH ARE RESIDING AT SRINIVASA BUILDING SHANKARAMATA ROAD K R PURAM EXTENSION HASSAN - 573 201 ... APPELLANTS (BY SRI. MURTHY D L, ADV.) AND:
M.PARASURAMAN S/O MURTHY SINCE DECEASED REPRESENTED HIS LR’S R 2 AND R3 1. THE MANAGER BHARATHI AXA GENERAL INSURANCE CO LTD., FRIED QWADRA NO.30, 2ND FLOOR HEBBALA ROAD BANGALORE - 560 024 (POLICY NO.10149140:42:12: B-24113 VALID FROM 22-12-2010 TO 21-12-2011) 2. MURTHY S/O THIRUMALA AGED ABOUT 59 YEARS 3. SUMAKSHI W/O MURTHY AGED ABOUT 51 YEARS R.2 AND R3 ARE R/AT NO.8 S S S BUILDING A V CHAMARAJAPET BANGALORE – 560 018 R.2 & R.3 ARE THE LR’S OF THE DECEASED M.PARASURAMAN ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R1, NOTICE TO R.2 & R.3 IS D/W. V.O. DATED: 21.01.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:1.4.2013 PASSED IN MVC NO.1609/2011 ON THE FILE OF THE FTC-II & MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 21.10.2016, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent-Bharathi Axa General Insurance Company Limited along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand Only) in addition to what has been 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/mkm