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.5288/2017 (MV) (LOK ADALATH NO.6486/2017) BETWEEN:
THIPPESWAMY S/O RANGAPPA AGED ABOUT 32 YEARS AGRICULTURIST AND SHEPHERD R/O KAKKAIAHNAHATTY VILLAGE HIRIYUR TALUK – 572 143 CHITRADURGA DISTRICT ... APPELLANT (BY SRI.SHASHIDHARA R, ADV.) AND:
1. SAGAY K S/O KASHMIR MAJOR OWNER OF THE VEHICLE BEARING NO.KA-34/A-7664 R/O KUMBARA BEEDI GOPALPURA, HIRIYUR CHITRADURGA DISTRICT – 572 143 2 THE BRANCH MANAGER SRIRAM GENERAL INSURANCE CO. LTD., BRANCH OFFICE, 3RD FLOOR, S AND S CORNER BUILDING OPPOSITE BOWRING AND LADY CURZON HOSPITAL SHIVAJI NAGAR BANGALORE – 01 ... RESPONDENTS (BY SRI. H.N. Keshava Prashanth, ADV. FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.02.2017 PASSED IN MVC NO.100/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – Shriram General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,42,000/- (Rupees Two Lakhs Forty Two 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/Rbv