HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI. VIJAYAKUMAR MAJAGE, MEMBER BETWEEN M.F.A.No.2939/2018 (MV) (Lok Adalat No.295/2019) Smt. C.R. Bhagyamma @ Bhagya, W/o Sathish Babu, Aged about 38 years, R/o Sri. 2nd Cross, 2nd Main, Mahalakshminagar, Tumakuru Taluk and District – 572101. ... Appellant (By Sri. M.B. Ryakha, Advocate) AND 1. Sri. Padmaprasad, S/o Brhmamappa, Aged about 48 years, R/o 53, 15th Cross, SIT Extension, Tumakuru Town and District – 572101.
2. The Branch Manager, United India Insurance Co. Ltd., Jayadeva Complex, B.H.Road, Tumakuru and Tumakuru District – 572101.
Rep. by its Branch Manager. ... Respondents (By Sri. K. Suresh, Advocate for R2 Notice to R1 is d/w. v/o dated 25.02.2019) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2017 PASSED IN MVC NO. 1071/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, 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 Appellant - claimant 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.45,000/- (Rupees Forty 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. The parties are not entitled for any cost.
4. The entire enhanced compensation amount shall be released in favour of the appellant - claimant, 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER ag