HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.5097/2018 (MV) (Lok Adalat No.2443/2019) BETWEEN ABHILASHA S/O KRISHNA AGED ABOUT 24 YEARS R/O HARADANAHALLY VILLAGE SALIGRAMA HOBLI K.R.NAGARA TALUK PRESENTLY R/O ABHILASHA C/O ANANDA R/O MADHURANAHALLY VILLAGE RAMANATHAPURA HOBLI ARKALGUD TALUK HASSAN DISTRICT – 573 201 ... APPELLANT (BY SRI GIRISH B.BALADARE, ADVOCATE) AND 1. SBI GENERAL INSURANCE COMPANY LTD NATARAJA 101:201-301 JAKSHAN OF WESTERN EXPRESS HIGHWAY HANDERI, KURLA ROAD HANDERI EAST MUMBAI – 400 069 REPRESENTED BY THE MANAGER RUKMINI TOWERS 31/1, RAILWAY APPROACH, SAMPIGE ROAD NEAR MANTRHIMAHAL, SHESHADRIPURAM BENGALURU – 560 020 2. KUMARA S/O. CHIKKANINGEGOWDA MAJOR R/O. DODDAHALLY KOPPALU VILLAGE HALLY MYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT – 573 201 ... RESPONDENTS (BY SRI B.PRADEEP, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.08.2016, PASSED IN MVC NO.1504/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING 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 Appellant - claimant and the learned Counsel appearing for the first Respondent – SBI General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 appellant – claimant, 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 KLV