HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI. A.K. BHAT, MEMBER M.F.A. No. 3035/2018 (MV) (Lok Adalat No.1737/2018) BETWEEN:
The Manager, Cholamandalam MS General Insurance Company Ltd., No.4, 9th Floor, Living 6, Golden Heights, 59th C Cross, 4th M Block, Rajajinagar, Industrial Estate, Near Sujatha Talkies, Bengaluru - 560 010. ... Appellant (By Sri. B. Pradeep, Advocate) AND:
1. Sri. B.E. Nanjappa, S/o Late Sri. Erappa, Now aged about 48 years, R/at No.316, 6th Cross, in 8th Main, Near Beereswara Provision store, Venkatapura, Koramangala, Bengaluru - 560 034.
2. Sri. Thirumala Enterprises, Sri. B.C. Krishna Reddy, No.103, Ballur Village, Attibele Post, Anekal, Bengaluru - 562 106. .. Respondents (By Sri. K. Mohan, Advocate for C/R.1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.02.2018 PASSED IN MVC NO. 378/2017 ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU (SCCH-20), AWARDING COMPENSATION OF RS.49,94,161/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
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 - Cholamandalam MS General Insurance Co. Ltd. along with its representative and the learned Counsel for the Respondent No.1 - claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Insurance Company has agreed to pay and the Respondent No.1 - Claimant has agreed to receive a lump-sum of Rs.50,75,000/- (Rupees Fifty Lakh Seventy-
Five Thousand only) instead of Rs.49,94,161/- with interest @ 9% 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.
4. The apportionment, deposit and release of the modified compensation amount shall be made as per the Judgment and Award passed by the claims Tribunal. The 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 Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER LL