HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 6499/2015 (MV) (Lok Adalat No. 3990/2017) BETWEEN :
SMT. D. BHUVANESHWARI, W/O LATE BHRAMNAM, AGED ABOUT 46 YEARS, R/AT NO.16, PRANAVA NILAYA, 1ST MAIN ROAD, GOVINDARAJANAGAR, VIJAYANAGARA, BANGALORE-560040 PERMANENT ADDRESS:
NO.936, 3RD MAIN ROAD, M.C.LAYOUT, BANGALORE-560040 ... APPELLANT (BY: SRI. MAHADEVA SWAMY P, ADVOCATE) AND :
1. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.41, II FLOOR, CRISTU COMPLEX, NEXT TO MANDOVI MOTORS, BANGALORE-560001 2. SRI.M.MAHESH.Y, S/O YELLAPPA, NO.1, FIRST MAIN ROAD, SHAKTHI GARDEN, FIRST STAGE, KALYAN NAGAR, NAGHARABHAVI, BANGALORE-560072. ... RESPONDENTS (BY SRI. H.N. KESHAVA PRASHANTH, ADVOCATE FOR R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.4.2015 PASSED IN MVC NO.3431/2013 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU, 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 – IFFCO TOKIO 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 – Insurance Company has agreed to pay a lump sum of Rs. 20,000/- (Rupees Twenty 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. 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 Rbv