Karnataka High Court
Smt. Girijamma vs The New India Insurance Co Ltd on 14 July, 2018
1
.HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2018
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
&
DR. S.V. GIRIKUMAR, MEMBER
M.F.A.No. 8421/2016 (MV)
(Lok Adalat No. 967/2018)
BETWEEN
1. Smt. Girijamma W/o Prabhakara,
Aged about 40 years,
R/at No.97, Veerupasandra Village,
Gowribidanur (T), Kolar District-563 101.
2. Smt. Kala W/o Prasad,
Aged about 38 years,
R/at 28-3-863, Netajinagar,
Anantapuram-563 101. ... APPELLANTS
(By Sri. Shripad V. Shastri & Sri. K.V. Naik, Advocates)
AND
1. The New India Assurance Co. Ltd.,
No.2B, Unity Building Annex,
Mission Road, Bangalore-27,
Policy issued by its Branch Office at
2nd Floor, Ram Complex, 29,
Paramathi Road, Namakkal, in
Policy No.72130031140100001421,
2
Valid from 20.06.2014 to 19.06.2015,
By its Manager.
2. Sri. M. Saravanan, Major,
R/at No.7, RCC 206/261,
S.G. Mutt Road, Chamarajpet,
Bangalore - 560 018. ... RESPONDENTS
(By Sri. S.V. Hegde Mulkhand, Advocate for R-1, Notice to R-2 - d/w v.c.o. dated 12.04.2018) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2016 PASSED IN MVC NO. 1438/2015 ON THE FILE OF THE VII ADDL. JUDGE & XXXII ACMM, COURT OF SMALL CAUSES (SCCH-3) AND MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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 claimants - appellants and the learned Counsel for the Respondent - New India Assurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimants have agreed to receive and the Respondent - Insurance Company has agreed to pay a lump sum of Rs. 75,000/- (Rupees Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final 3 settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent - 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 entire enhanced compensation amount shall be released in favour of the appellants - claimants as per the apportionment adopted by the Tribunal, on proper identification.
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