HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 210/2014 (MV) (Lok Adalat No.429 /2017) BETWEEN:
Smt. Susheela @ Suma, Aged 43 years W/o. Late K. M. Ashok, Housewife, Residing at Kogile Village, Gutthi Post, Bankal Hobli, Mudigere Taluk, Chikmagalur District – 570 002. ... Appellant (By Sri. P. P. Hegde, Advocate) AND:
1. Sri Mohammed Rafeeq, Aged about 43 years, S/o. Late Appasab, Driver of Bus No.KA-18/7956, Badge No.3025, Chikmagalur Depot, Chikmagalur – 570 002.
2. Sri Manjunath, Aged about 35 years, S/o. Narayana, R.C.Owner of the bus No.KA-18-7956, R/o. Channapura Road, Vinayaka Nagar, Chikmagalur – 570 002.
3. Shriram Gen. Ins. Co. Ltd., Insurer of bus No.KA-18/7956, Branch office, I.G.Road, Chikmagalur - 570 002.
Represented by its Branch Manager, 4. Sri Prasanna H.R, Aged about 48 years, S/o. Ramegowda, Owner of M/C KA-13-E-2566, R/o. Hanbal, Sakaleshpura Taluk, Hassan District – 590 006. ... Respondents (By Sri B.Pradeep, Advocate for R3;
notice to R.1 and R.2 is d/w. v/o. dated 13.10.2015) MFA FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 21.11.2012 PASSED IN MVC NO.226/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND MEMBER, M.A.C.T, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant – claimant and the learned Counsel for the respondent – Shriram General Insurance Company Limited 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. 3,00,000/- (Rupees Three Lakh 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any nationalized/scheduled bank in the name of the appellant for a period of three years with a liberty to draw the interest periodically. The remaining 50% shall be released in favour of the appellant – claimant, 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 KG