HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL NO. 3565 OF 2016 (MV) (LOK ADALAT NO. 2095 OF 2019) BETWEEN:
1 . BALAPPA H SON OF HANUMANTHAPPA, AGED 46 YEARS, RESIDING AT NO.85, DWARAGANAHALLI, GOWRIBIDNUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101.
...APPELLANT (BY SRI. SRIDHAR D S, ADVOCATE) AND:
1 . KAMALESH DEEDWANIYA SON OF RAMGOPAL, MAJOR, RESIDING AT NO. 56, III CROSS, III MAIN ROAD, BEHIND GOKULA APARTMENT, NEAR AKASHAYAPATRA TEMPLE CHENNASANDRA, KANAKAPURA ROAD, BENGALURU - 560 078.
2 . M/S BAJAJ ALLIANZ GENERAL INSURANCE CO LTD GOLDEN HEIGHTS, IV FLOOR, NO. 1/2, 59TH C CROSS, IV M BLOCK, RAJAJINAGAR, BENGALURU - 560 010 REPRESENTED BY ITS MANAGER.
…RESPONDENTS (BY SRI. RAVI S SAMPRATHI ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DATED 07.02.2017) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2015, PASSED IN MVC NO. 2812 OF 2014, ON THE FILE OF THE 9TH ADDL. SMALL CAUSES JUDGE & 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Respondent No.2 – M/s. Bajaj Allianz General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellant -Claimant has agreed to receive and the Respondent No.2 - 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. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent No.2 – 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, 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 MH/-