HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY & SMT. M.JYOTHI, MEMBER M.F.A.No. 7092/2016 (MV) (Lok Adalat No. 3370/2017) BETWEEN Dayananda, S/o . Rangaswamaiah Aged about 29 years, R/at Kaimara, Gubbi Taluk. Now residing at 2nd Main, 1st Cross, S I T Extension, Tumkur Town-572 101. ... Appellant (By Sri Shantharaj K. Advocate) AND 1. Bhanuprakash, S/o P.Eranna, Aged about 34 years, R/at. Tavarekere village, Sira Taluk, Tumkur District-572 137.
2. The Manager, United India Insurance Co. Ltd., Branch Office, First Floor, Jayadeva Complex, B.H.Road, Tumkur Town 572 101. …Respondents (By Sri C.Shankara Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 21.03.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2014 PASSED IN MVC NO. 1308/2012 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & MACT, TUMKUR, 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 sum of Rs. 1,85,000/- (Rupees One Lakh Eighty 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 – 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, a sum of Rs. 85,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- 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.
Mkm Sd/- JUDGE Sd/- MEMBER