HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.5942/2017 (MV) (Lok Adalat No.2203/2017) BETWEEN MR. DEEKSHITH KUMAR SHETTY S/O ANANDA SHETTY AGED ABOUT 30 YEARS R/AT SRI SHASTHA NEAR PILLAR SCHOOL AMBIKA ROAD SOMESHWARA MANGALORE – 575 023 ... APPELLANT (BY SRI P.KARUNAKAR, ADVOCATE) AND 1. M/S NAVAYUGA ENGG. CO. LTD., 3-16, 1ST FLOOR, JEPPU KADEKAR, NEAR NETHRAVATHI BRIDGE MANGALORE – 575 002 2. THE NATIONAL INSURANCE CO. LTD. II FLOOR, SRI BALAJI CHAMBERS UPSTAIRS OF POSITIVE HOMEAPATHY GURUDWARA JUNCTION VISHAKAPATNAM ANDHRA PRADESH REP. BY THE DIVISIONAL OFFICE BHARATH BUILDING P.M.RAO ROAD MANGALORE – 575 001 ... RESPONDENTS (BY SRI SHIVARAJ PATIL, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO.1107/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE & MEMBER, MACT, DAKSHINA KANNADA, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the second Respondent – National Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 – 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 stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KLV