HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. A.M. VENKATESH, MEMBER M.F.A.No. 3136/2016 (MV) (Lok Adalat No. 2176/2017) BETWEEN The Manager, Bharti AXA GIC Ltd., Pride Quadra, No.30, 2nd Floor, Bellary Road, Hebbal Road, Bangalore – 560 024. ... APPELLANT (By Sri. B. Pradeep, Advocate) AND 1. Smt. Jayabharati W/o Late Dooreswamy Naidu, Now Aged about 49 years.
2. Smt. Vinayalatha D/o Late Dooreswamy Naidu, Now aged about 27 years.
3. Haritha D/o Late Dooreswamy Naidu, Now aged about 21 years.
All are R/at No.50, Ananda Reddy Layout, Doddanagamangala, Electronic City, 2nd Phase, Bangalore – 100.
4. C.A. Udaykumar S/o Chowri Reddy, No.54, Amruthnagar, Kalyana Nagar, Chelikere, Bangalore – 43.
5. Saravanakumar J. S/o Jagadishan D., R/at No.50, Ananda Reddy Layout, Near TCS Electronic City, 2nd Phase, Bangalore-100.
6. Future General Insurance Co. Ltd., Fasedena Building, 1st Block, Jayanagar, Near Ashoka Pillar, Above E-Zone, 3rd Floor, Bangalore – 11. ... RESPONDENTS (By Sri. Y.P. Venkatapathi, Advocate for R-6) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2016 PASSED IN MVC NO. 6229/2012 ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE & XXIV ACMM AND MACT, BENGALURU.
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 – Bharti AXA General Insurance Co. Ltd. along with its representative and the learned Counsel for the respondent Nos. 1 to 3 – claimants are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the Respondent Nos.1 to 3 – claimants have agreed to receive a lump-sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only), instead of Rs.29,01,288/- (Rupees Twenty Nine Lakhs One Thousand Two Hundred Eighty Eight only) with interest @ 9% p.a. from the date of petition till the date of realization, 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 shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court is ordered to be transmitted to the jurisdictional Tribunal forthwith for disbursement.
5. Accordingly, this appeal stands disposed of in terms of the Joint memo.
The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Rbv Sd/- MEMBER