HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.2899/2017 (MV) (Lok Adalat No.4518/2017) MR.B.M. MAHADEVASWAMY, S/O.LATE MADASETTY, AGED ABOUT 35 YEARS, R/AT NO.67, 18TH CROSS, K.P.AGRAHARA, BENGALURU – 560 023.
(BY SRI. KESHAVA MURTHY B., ADVOCATE) AND:
1 . M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, NO.1/2, GOLDEN HEIGHTS, 59TH CROSS, RAJAJINAGAR, BENGALURU – 560 010.
..APPELLANT 2. SRI SUNIL N., S/O.LATE NAGARAJU, ECHAGAHALLI VILLAGE, NANJANGUD TALUK, MYSORE DISTRICT – 570 001.
(BY SRI RAVI S. SAMPRATHI, ADVOCATE FOR R1; V/O DATED 27.10.2017 NOTICE TO R2 D/W) …RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 07.09.2016 PASSED IN MVC NO.1620/2014 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM, AND MEMBER MACT, BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCMENT 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 first Respondent – Bajaj Allianz General 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 first respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 Rs.75,000/- (Rupees Seventy Five Thousand only) shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest quarterly and remaining amount of Rs.1,00,000/- (Rupees One Lakh only) shall be released in his favour, 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 MBM