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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.7317/2015 (MV) (Lok Adalat No.925/2019) BETWEEN:
Devdas Poojary, Aged about 30 years, S/o Deva Poojary, R/o Melandi House, Naikvady, Gujjady Village, Kundapura Taluk (By Sri Pavana Chandra Shetty.H, Advocate) AND:
1. Nagesh Devadiga, S/o Rama Devadiga, R/o Sri Manjunatha Nilaya, ... Appellant Kanchu Godu, Naikwady Post, Hosadu Village, Kundapura Taluk-576 201.
2. The New India Assurance Co. Ltd., Branch Office: II Floor, Sri Ram Arcade, Udupi – 576 101 Rep: by its Manager ... Respondents (By Sri.K.Kishore Kumar Reddy, Advocate for R2; V/o dated 19.03.2019 notice to R1 is d/w) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2014 PASSED IN MVC NO.179/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, AT KUNDAPURA, 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 - New India Assurance 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 global compensation of Rs.1,20,000/- (Rupees One lakh Twenty Thousand 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 HB/-