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.123/2017 (MV) (Lok Adalat No.722/2018) BETWEEN MR.ARUN KUMAR SHETTY S/O.J.R.SURENDRA SHETTY AGED ABOUT 37 YEARS R/AT BABBU KATTE PERMANNUR, THOKKOTTU MANGALURU TALUK D.K.DISTRICT-575 019 ... APPELLANT (BY SRI RAVISHANKAR SHASTRY G., ADVOCATE) AND 1. MRS.DEEPTHI P. W/O.SREENATH PROPRIETOR OF SHREE GAS AGENCY NITTUR POST KAKKATIIL BADAGARA KOZHIKODI KERALA STATE-673 507 2. NATIONAL INSURANCE CO. LTD., THALSHERY BRANCH EMPEE TOWER TOWN HALL JUNCTION CHIRAKKARA POST THALSSERY, KANNUR KERALA REPRESENTED BY ITS DIVISIONAL OFFICE, 1ST FLOOR EMJAYS BUILDING OPP: NETHRAVATHI BUILDING BALMATTA, MANGALURU TALUK D.K.DISTRICT-575 001 ... RESPONDENTS (BY SRI L.SREEKANTA RAO, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.10.2015 PASSED IN MVC NO.1376/2013 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, MANGALURU, D.K. PARTLY ALLOWING THE CLAIM PETITION FOR 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 second respondent – National 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 second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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