HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.356/2014 (Lok Adalat No.4201/2016) BETWEEN B.H.KALLESHA S/O HALAPPASHETTY AGED ABOUT 35 YEARS DRIVER BIGGADEVANAHALLI VILLAGE AMBLE POST CHIKMAGALUR TALUK AND DIST – 577 101 ... APPELLANT (By SRI.RAVIKUMAR N.R., ADV.) AND 1. R.RAJU S/O RANGASWAMY AGED ABOUT 28 YEARS NEELAKANTANAGAR NEAR MUTTON STAL NANJANGUD TOWN MYSORE – 571 301 2. B.L.RAMRAJU S/O LATE LINGAPPA AGED ABOUT 60 YEARS ASHA NILAYA NO.25, VIDYANAGAR NANJANGUD TALUK MYSORE DISTRICT – 571 301 3. THE MANAGER CHOLAMANDALAM GENERAL INSURANCE NO.9-1, ULSOOR ROAD BANGALORE – 560 042 4. B.H.HARISH S/O B.V.HULIYAPPA MAJOR R/O JYOTHINAGAR CHIKMAGALUR – 577 102 5. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD., PANDURANGA COMPLEX KOLLAPURADAMMA TEMPLE ROAD CHIKMAGALUR – 577 101 ... RESPONDENTS (By SRI.C.R.RAVISHANKAR, ADV., FOR R5; SRI. B.PRADEEP, ADV., FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.08.2013 PASSED IN MVC NO.346/2011 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT JUDGE AND M.MACT AT CHIKAMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellant-Claimant has agreed to receive and the 3RD 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. A joint Memo is filed on behalf of the parties to this effect.
3. The 3RD 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 and the same shall be released in favour of the appellant.
4. 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 PMR