Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY 2025
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER
M.F.A.No. 5398/2024 (MV) (Lok Adalat No. 3758/2024) BETWEEN
1. Smt. Shobha K. W/o Narayanaswamy T., Now Aged about 49 years. 2. Shri Narayanaswamy T. S/o Thippanna, Now Aged about 56 years. 3. Kum. Likhitha N. D/o Narayanaswamy T., Now Aged about 24 years. All are residing at Yaluvanahalli Village, Doddamavalli Post, Chickballapura District. … Appellants. (BY SRI. N. GOPALKRISHNA & MS. SUSHMITHA G., ADVOCATES)
2 AND:
1. Shri Samiulla S/o Syed Saab, Major in age, residing at 11th Cross, Lingadahalli Road, Kodi Camp, Tarikere, Chikkamagaluru District-577 228. 2. M/s. Shriram General Insurance Company Ltd., Motor Claims Hub, 3rd Floor, S & S Corner Building, Opp. Bowring & Lady Curzon Hospital, Bengaluru-560 001. …Respondents
(BY SRI. B. PRADEEP, ADVOCATE FOR R-2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2023 PASSED IN MVC NO.3500/2021 ON THE FILE OF THE III ADDL. JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES (SCCH-18), BENGALURU, PARTLY ALLOWING THE PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 3
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.8,00,000/- (Rupees Eight Lakhs only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 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.
There are three claimants in the above appeal and if the enhanced compensation divided equally, they will get lesser compensation. Hence, the entire shares of appellants / claimants shall be released in their favour, on proper identification. 4
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