HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.4800/2017 (MV) (Lok Adalat No. 2464/2018) BETWEEN Mr. Chandrashekar Shetty, S/o Late Herianna Shetty, Aged about 50 years, R/of Hunchni Kelamane, Golilhole Village & Post, Kundapura Taluk, Udupi District.
Since appellant is not able to walk due to spinal cord injury and bed ridden, he is rep. by his wife guardian Smt. Prafulla, Aged 43 years. ... Appellant (By Sri. K. Prasanna Shetty, Advocate) AND 1. Mr. Uday Kumar Shetty, S/o Shekar Shetty, Aged about 44 years, R/of Janmane, Golilhole Village, Kundapura Taluk.
2. The New India Assurance Co. Ltd., By its Branch Manager, 1st Floor, Pushpa Building, Main Road, Kundapura. ... Respondents (By Sri. S.T. Rajashekara, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2017 PASSED IN MVC NO.393/2014 ON THE FILE OF THE ADDL. DISTRICT JUDGE & MEMBER ADDL. MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, 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 - New India Assurance Company Limited 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.7,90,000/- (Rupees Seven Lakh Ninety 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, 50% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant - claimant with a liberty to guardian of the appellant to withdraw the accrued interest periodically. The remaining 50% amount shall be released in favour of the guardian of the appellant, on proper identification.
0 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