HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 95/2016 (MV) (Lok Adalat No. 2541/2017) BETWEEN:
1. Smt. Supriya Srinivas Aged about 52 years, W/o Late Srinivas B.R.
2. B.S. Sanmuga, Aged about 25 years, S/o Late Srinivas B.R.
3. B.S. Charan, Aged about 22 years, S/o Late Srinivas B.R.
All are residing at No.39, Old Chamarajpet Cross, New Cubbonpet Market, Bangalore – 560 002. .. Appellants (By Sri. Gopal L.T., Advocate) AND:
1. Mr. Rajathiru Sangam Since deceased by his LR Smt. C. Saradhamani W/o Rajathiru Sangam, Major, R/o No.139, 16, 2nd Main Road, Saraswathipuram, Ulsoor, Bengalore-560 008, (R.C. Owner of the Tata Sumo Bearing Reg. No.KA-03/MB-4654).
2. H.D.F.C. ERGO General Insurance Company Ltd., 1st Floor, H.M. Geneva House, No.14, Cunningham Road, Bengaluru – 560 052, (Insurer of the Tata Sumo bearing Reg. No.KA-03/MB-4654).
3. Mr. Ramesh C.
S/o Late Govinda Rao C., Major, R/o No.17, Maruthi ‘B’ Cross, Rajivnagar, 7th Main, 7th Block, 4th Phase, BSK 3rd Stage, Bangalore – 560 085, (RC Owner of the Honda Access Bearing Reg.No.KA-05/HQ-3706).
4. ICICI Lombard General Insurancle Co. Ltd., No.89, II Floor, SVR Complex, Madiwala, Bengaluru – 560 068, (Insurer of the Honda Access bearing Reg. No.KA-05/HQ-3706). .. Respondents (By Sri. C. Pattabi Raman, Advocate for R-1, Sri. O. Mahesh, Advocate for R-2, Sri. H.S. Chandrashekar, Advocate for R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 22.07.2015 PASSED IN M.V.C. NO.5026/2012 ON THE FILE OF THE XX ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, 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 appellants and the representative of Respondent-HDFC ERGO Insurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellants - claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a global compensation of Rs. 1,25,000/- (Rupees One Lakh Twenty Five 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 terms of the Judgment and Award passed by the Tribunal and the compensation payable to the appellant Nos.1 to 3 shall be disbursed in their favour, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv