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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.6376/2015 (MV) (Lok Adalat No.5105/2017) BETWEEN:
Smt Aruna, W/o Late Thrimurthy @ Kishor, Aged about 47 years, R/at Arasapura Camp, Kadlebalu (P), Davangere Tq & Dist-577 589.
(By Sri M.R.Hiremathad, Advocate) AND:
1. Sri.Babu R.Tate@ Babu Raghu Tate, ... Appellant S/o Raghu Tate, Driver, Aged about 29 years, R/o # 44, Muslimvada Grama, Bicholim, North Goa-403 504.
2. Sri Jayanth Dixit, S/o Vasudev Dixit, H.No.2460, “Manasa” Naik Nagar, Bordem Bicholim, North Goa-403 504.
3. The Manager, United India Insurance Company Ltd., M.M.K Complex, Akkamahadevi Road, Davanagere-577 003.
(By Sri A.M.Venkatesh, Advocate for R3) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.877/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND VII MACT, AT DAVANGERE, 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 third Respondent – United India 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 third respondent-insurance company and its authorized officer is filed. The appellant-claimant have agreed to receive and the third respondent-insurance company has agreed to pay a global compensation of Rs.2,25,000/- (Rupees Two Lakh Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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. Out of the enhanced compensation amount, 50% shall be released in favour of the appellant – claimant, on proper identification. Remaining 50% shall be kept in fixed deposit in any Nationalized or Scheduled Bank in the name of the appellant for a period of three years with a liberty to draw the accrued interest periodically.
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 HB/-
SD/- MEMBER