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 S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No.4053/2018 (MV) (Lok Adalat No.2665/2018) BETWEEN Anshigha Naveen D/o Naveen Kumar Aged about 10 years Minor, represented by her father N. Naveen Kumar S/o Gowri Narayana Aged about 40 years General Manager R/at No.1891/20, LIC Colony Gowri Cottage, Vidyaranyanagar Davanagere. … Appellant (By Sri. Siddappa B.M., Advocate) AND 1. Sri. Mohammed Khaleel @ Khaleel Ahmed B. S/o Abdul Gafoor B.
Aged about 56 years Driver of the car bearing No.KA-36/M-4084 R/at No.848, Bamboo Bazar Davanagere.
2. Sri. R. P. Govindaraj S/o R.P. Rangaiah Major, Owner of the car Bearing No.KA-36/M-4084 R/at Bangara Nilaya H.No.7-5-116, Jawahar Nagar Raichur Town and District Karnataka State 3. The Divisional Manager Divisional Office New Indian Insurance Company Limited R/at A.M.Arcade, C.G.Hospital Road Near Vidyarthi Bhavan Davanagere. ... Respondents (By Sri. A.M.Venkatesh, Advocate for R.3 Notice to R1 & R2 d/w v/o dated 06.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.10.2017 PASSED IN MVC NO.651/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, IV-MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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 - claimant and the learned Counsel for the Respondent – New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant –Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a global compensation of Rs.20,000/- (Rupees Twenty Thousand only), in addition to what has been 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 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’ father-Guardian/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 RB