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. 4253/2016 (MV) (LOK ADALAT NO. 2090/2019) BETWEEN:
1 . SMT BIJI A G WIFE OF BIJU JOSEPH AGED ABOUT 36 YEARS RESIDING AT NO.6, 7TH CROSS BHAVANI NAGAR DHARMARAM POST BENGALURU-560029 (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) ...APPELLANT AND:
1 . THE BAJAJ ALLIANZ GENERAL INSURANCE CO LTD GROUND FLOOR, NO.31 TBR TOWER, IST CROSS, NEW MISSION ROAD ADJACENT TO JAIN COLLEGE AND BANGALORE STOCK EXCHANGE BENGALURU – 560 027.
BY ITS MANAGER 2 . M/S VARROC POLYMERS PVT LTD PLOT NOS.271 AND 272 PART OLD MADRAS HIGHWAY NARASAPURA KIADB:INSUSTRIAN AREA KOLAR(T) AND (D)-560052 (BY SRI. O MAHESH, ADVOCATE FOR R1;
RESPONDENTS NOTICE TO R2 IS DISPENSED WITH V/O DATED 25.01.2017) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2016, PASSED IN MVC NO. 2483/13, ON THE FILE OF THE 9TH ADDITIONAL 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.1 – 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.1 - Insurance Company has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy 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.1 – 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/-