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. 2547 OF 2013 (MV) (LOK ADALAT NO. 3285 OF 2019) BETWEEN:
D B VENKATRAMANA SON OF BHIME GOWDA AGED ABOUT 47 YEARS RESIDING AT BUVANAHALLI HOUSE HASSAN KASABA VILLAGE HASSAN DISTRICT PIN-573201 ...APPELLANT (BY SRI. VISHWANATHA POOJARY K, ADVOCATE) AND:
1 . VITTALA SON OF VEERAPPA GOWDA AGED ABOUT 26 YEARS RESIDING AT MANIKALA HOUSE BAJATHOOR VILLAGE PUTTUR TALUK, DAKSHINA KANNADA DISTRICT PIN-574201 2 . THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO LTD G E PLAZA, AIRPORT ROAD ERAWADA, PUNE MAHARASHTRA STATE PIN-400001 3 . MR HILAYEE SON OF ABDULLA HAI AGED ABOUT 44 YEARS RESDING AT 1ST CROSS, MAIN AJAD NAGAR CHITRADURGA PIN-577501 4 . THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO LTD BRANCH PRAJA PRAGATHI BUILDING 2ND FLOOR, B H ROAD, TUMKUR PIN-572101 RESPONDENTS (BY SRI. P B RAJU, ADVOCATE FOR R2 NOTICE TO R1, R3 AND R4 IS DISPENSED WITH V/O DATED 12.11.2014) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2012, PASSED IN MVC NO. 840/2009, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MACT, PUTTUR, DAKSHINA KANNADA, 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.2 – 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.2 - Insurance Company has agreed to pay a lump-sum of Rs. 30,000/- (Rupees Thirty 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.2 – 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/-