HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.4651/2018 (MV) (Lok Adalat No.2442/2019) BETWEEN 1. THIPPAMMA W/O LATE H.RAMAIAH AGED 44 YEARS 2. HANUMANTHARAJU S/O LATE H.RAMAIAH AGED 26 YEARS BOTH ARE RESIDENT OF CHANNAMALLANAHALLI I.D.HALLI HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT – 572 132 3. SMT LAKSHMINARASAMMA W/O B.R.NAGARAJU D/O LATE H.RAMAIAH AGED 27 YEARS R/O BADAKANAHALLI PURAVARA HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT ... APPELLANTS (BY SRI PATEL D.KAREGOWDA, ADVOCATE) AND 1. HARINATH S/O LATE G.RAMALINGASHETTY MAJOR SKP TEMPLE STREET PAVAGADA TUMAKURU DISTRICT – 561 202 2. SBI GENERAL INSURANCE CO. LTD.
101-201-301, NATARAJA JUNCTION OF WESTERN EXPRESS HIGH WAY AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI MAHARASHTRA – 400 069 ... RESPONDENTS (BY SRI H.N.KESHAVA PRASHANTH, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2018 PASSED IN MVC NO.506/2016 ON THE FILE OF THE PRL. SENIOR CIVI JDUGE AND MACT, MADHUGIRI, 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 The learned Counsel appearing for the Appellants – claimants and the learned Counsel appearing for the second Respondent – SBI General Insurance Company Limited along with its representative are present.
2. 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. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. 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.
4. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the judgment and award passed by the Claims Tribunal.
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 KLV Sd/- MEMBER