HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 10145/2013 (MV) (Lok Adalat No.244/2019) BETWEEN The Manager, Shriram GIC Ltd., Regional Office, No.X4, II Floor, Monarch Chambers, Infantry Road, Bengaluru-560 001 Now rep. by The Legal Manager, Shriram General Insurance Company Limited, 3rd Floor, S and S corner building, Opp. Bowring and Lady Curzon Hospital, Bengaluru-560 001. ... Appellant (By Sri. Pradeep B., Advocate) AND 1. Smt. Renukamma W/o. Late Erappa, Now aged about 44 years.
2. Dhanalaxmi @ Nadiya S/o. Late Erappa, Now aged about 26 years.
3. E. Prakash @ Prathapa S/o. Late Erappa, Now aged about 25 years.
4. Smt. E.Geetha D/o. Late Erappa, All are R/at. No.42, Mukambikanagara, Hosakere Halli, BSK 3rd Stage, Bengaluru-560 085.
5. Siddaraju S/o. Thimmaiah, Major, R/at. No.517, 4th Main Road, Kamala Nagar, Bengaluru-560 079. ... Respondents (By Sri. S.N.Manjunatha, Advocate for R.1 to R.4 ) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.07.2013 PASSED IN MVC NO.4251/2011 ON THE FILE OF THE 10TH ADDITIONAL SMALL CAUSES JUDGE, 35TH A.C.M.M., M.A.C.T., BENGALURU, AWARDING COMPENSATION OF RS.6,85,000/- WITH INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL PAYMENT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant - Shriram General Insurance Company Limited and the learned Counsel for the respondent Nos.1 to 4 – claimants along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Respondent Nos.1 to 4 - Claimants have agreed to receive and the Appellant – Insurance Company has agreed to pay a lump-sum of Rs. 9,17,063/- (Rupees Nine Lakhs Seventeen Thousand Sixty Three only), instead of Rs.6,85,000/- with interest @ 8% p.a., 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. The amount if any deposited before this Court shall be transferred to the Tribunal.
4. The apportionment, deposit and release of the compensation amount shall be made as per the ratio adopted 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 Sd/- MEMBER KG