`HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SMT. H.R. RENUKA, MEMBER M.F.A.No. 8480/2016 (MV) (Lok Adalat No. 2384/2017) BETWEEN:
M/s. United India Insurance Company Limited, Regional Office, 6th Floor, Krishi Bhavan, Nrupathunga Road, Bengaluru, Rep. by its Manager. ... APPELLANT (By Sri. A.M. Venkatesh, Advocate) AND 1. Manjula W/o Late Manju, Aged about 30 years.
2. Soundarya @ Sonu D/o Late Manju, Aged about 12 years.
3. Abhishek Gowda @ Abhishek, S/o Late Manju, Aged about 11 years.
Respondent Nos.2 and 3 are minors, Rep. by their mother and natural guardian Respondent No.1 herein.
4. Nagarathnamma @ Nagamma, W/o Late Sannamarigowda, Aged about 58 years.
All are R/at Arekoppa Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District.
5. Nagesh D.
S/o Ramachandra Rao, Major, R/at No.26, 2nd Phase, 3rd Main Road, Maruthinagara, Yelahanka, Bengaluru – 560 064, (RC Owner of Maruthi Van bearing Registration No.KA-03/N-5089).
6. Latha N. W/o Sathyanarayana T., R/at No.93, 2nd Ward, Ramadevarabetta Road, Vijayanagara, Ramanagara District. ... RESPONDENTS (By Sri. Prakash M.H., Advocate for R-1 to R-4) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.09.2016 PASSED IN MVC NO. 4610/2015 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-7, BANGALORE.
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 appellant – United India Insurance Co. Ltd. along with its representative and the learned Counsel for the claimants - respondent Nos.1 to 4 are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the Respondent Nos.1 to 4 – Claimants have agreed to a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) with interest @ 9% p.a. from the date of petition till the date of payment, instead of Rs.20,23,000/- (Rupees Twenty Lakhs Twenty Three Thousand only) with interest @ 9% p.a. from the date of petition till the date of payment, 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 appellant – 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/reduced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount deposited before this Court if any, is directed to be transmitted to the jurisdictional Tribunal forthwith.
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 Rbv