HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.8926/2010(MV) (LOK ADALATH NO.4442/2017 ) BETWEEN:
BABU S/O LAKSHMANA AGED ABOUT 29 YEARS, R/A NO.251, 15 FEET ROAD, 2ND CROSS, RAJESHWARINAGAR, LAGGERE, BANGALORE-560058. ... APPELLANT (BY SRI M RAJASHEKAR, ADVOCATE) AND 1. THE ORIENTAL INSURANCE CO. LTD., R.O NO.44/45, RESIDENCY CROSS ROAD, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560025. (POLICY HAS BEEN ISSUED BY ITS BRANCH OFFICE AT NO.1 THEJUS COMPLEX, CSI SAYYAJI RAO, P.B.NO.27, MYSORE-570001) 2. IMRAN SHARIF S/O RAHAMAN SHARIFF, AGED MAJOR, R/A PEACE PARK ROAD, KOLLEGAL TOWN AND TALUK, CHAMARAJANAGAR DISTRICT. ... RESPONDENTS (BY SRI V NARAYANA SWAMY, ADVOCATE FOR R1) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.04.2010 PASSED IN MVC NO.3671/2009 ON THE FILE OF THE IX ADDITIONAL SENIOR CIVIL JUDGE, MEMBER MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
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 respondent-Insurance Company has agreed to pay a lumpsum of Rs.2,00,000/- (Rupees Two Lakhs 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. Out of the enhanced compensation, Rs.50,000/- shall be deposited in the name of the appellant in any Nationalised Bank for a period of five years. The balance amount of Rs.1,50,000/- shall be released in favour of the appellant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-