HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 2527/2015 (MV) (Lok Adalat No. 565/2017) BETWEEN:
BASAVARAJ @ D T BASAVARAJ, S/O THIMMAIAH @ DONEHALLI THIMMAIAH, AGED ABOUT 25 YEARS, OCCUPATION FLOWER MERCHANT AND COOLIE IN FLOWER MARKET, R/O NALAGETHAHATTY VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT, NOW R/AT BOMMAKKANAHALLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577501. ... APPELLANT (BY SRI: H ASHOK KUMAR, ADVOCATE) AND:
1. S.N.MURTHY S/O RAMAKRISHAN SHASTHRY, AGED ABOUT 43 YEARS, OCCUPATION OWNER OF BUS NO.KA-01-AC-4977 C/O DIWAKER ROADLINES, NO.22, A V ROAD, R/O KALASIPALYAM BANGALORE-560 002.
2. THE DIVISIONAL MANAGER, DIVISION OFFICE, THE UNITED INDIA INSURANCE CO. LTD, NO.34/3, MMK COMPLEX, P B ROAD, NO.237, AKKAMAHADEVI ROAD, P J EXTENSION DAVANAGERE-577004.
3. G ASHWATHANARAYANA BABU, S/O LINGAPPA, AGE MAJOR, OCCUPATION OWNER OF BUS NO.KA-01-AC-4977 C/O DIWAKER ROADLINES, NO.22, A V ROAD, R/O KALASIPALYAM, BANGALORE -560 002. ... RESPONDENTS (BY SRI.: A M VENKAESH ADVOCATE FOR R2, NOTICE TO R-1 & R-3 – D/W V.C.O. DATED 17.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.12.2014 PASSED IN MVC NO.603/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, 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 – United India 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 – 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 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. 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 Rbv Sd/- MEMBER