HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.100/2015 (MV) (LOK ADALATH NO.3668/2017) BETWEEN:
UNITED INDIA INSURANCE CO. LTD., NO. 1, 1ST FLOOR, 3RD CROSS, 100-FEET RING ROAD (NEAR PESIT) HOSAKEREHALLI, BANGALORE 560085 NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, 5TH & 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE 560001. ... APPELLANT (BY SMT. HARINI SHIVANANDA, ADV.) AND:
1. SMT. DHANALAKSHMI, 38 YEARS, W/O LATE SHETU 2. KUMARI. RAJESHWARI, 11 YEARS, D/O LATE SHETU, 3. KUM. RAMYA, 8 YEARS, D/O LATE SHETU, 4. RADHIKA, 22 YEARS, D/O LATE SHETU, ALL ARE RESIDING AT NO.27, 5TH CROSS, SRIRAMPURA POLICE STATION ROAD, 7TH MAIN, BHASYAM NAGARA, SRIRAMPURA, BANGALORE 560021.
5. H.N. SHYLAJA, MAJOR, NO. 189, GAVIPURAM, HANUMANTHANAGAR, BANGALORE – 560018.
6. CHANNAKESHAVA, MAJOR, S/O KEMPAIAH, NO. 600, RAGIGUDDA SLUM, 2ND CROSS, 2ND PHASE, J.P. NAGAR, BANGALORE AND ALSO AT: NO. 1858, ULLALA UPANAGAR, VISHVESHWARAIAH LAYOUT, 6TH BLOCK, SUDHATHA HIGH SCHOOL, BANGALORE – 560056. ... RESPONDENTS (BY SRI. B.M. CHANDRASHEKHAR, ADV. FOR R1 TO R4.
R2 AND R3 ARE MINORS.
SRI. VISHWANATH SHETTY V., ADV. FOR R5.
NOTICE ISSUED TO R6 ON 21.7.2017, NEITHER UNSERVED COVER NOR ACKNOWLEDGMENT RECEIVED SO FAR.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:4.9.2014 PASSED IN MVC NO.6161/2011 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES, 33RD ACMM, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF RS. 8,42,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION OF SAME FROM RESPONDENTS.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 13/09/2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The appellant-Insurance Company has agreed to pay a global sum of Rs.8,50,000/- (Rupees Eight Lakhs Fifty thousand Only) instead of Rs.8,42,000/- with interest @ 6% p.a. from the date of petition till realization 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. The apportionment, deposit and release of the modified compensation shall be made in terms of the Judgment and Award passed by the Tribunal. The statutory amount if any, deposited before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
5. 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.
Sd/- JUDGE Sd/- MEMBER akv