HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SMT. H.R. RENUKA, MEMBER M.F.A.No. 4321/2014 (MV) (Lok Adalat No. 5773/2016) BETWEEN:
Smt. Anusuya W/o Srinivasa, Aged about 32 years, Residing at 1st Cross, Batavadi, Behind Mirji Petrol Bunk, Batavadi, Tumkur. ... APPELLANT (By Sri. N. Gopalkrishna, Advocate) AND 1. Sangamesh M. Kabardar, Father’s name not known, Major in age, Residing at H.No.1, Somawar Peth, Opp: K.E.C. Gokul Road, Hubli Taluk, Hubli District, Dharwad-580 020.
2. United India Insurance Co. Ltd., Srinivasa Talkies Complex, 1st Floor, Market, P.B. No.54, Dharwad-580 001, Rep. by its Manager. ... RESPONDENTS (By Sri. Gangadhar Sangolli, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 13.12.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.12.2013 PASSED IN MVC NO. 132/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT-X, TUMKUR, 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 claimant-appellant and the learned Counsel for the respondent – United India Insurance Co. Ltd. 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 lump sum of Rs. 1,20,000/- (Rupees One Lakh 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 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 Rbv Sd/- MEMBER