HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 1887/2012 (MV) (Lok Adalat No. 814/2017) BETWEEN Dr. B.Balakrishna Shetty S/o Late Thimmappa Shetty, Aged about 70 years, r/at Garden View Apartment, Jyothinagar, Moodabidri, Mangalore Taluk. ... Appellant (By Sri P.Karunakar Associates, Advocate) AND 1. Mr. Jagadish Aged about 30 years, S/o Krishnappa, R/o Rama Mohan Nagara, Paladka Village and Post, Via Moodbidri, Mangalore Taluk.
2. The Royal Sundaram Alliance Ins. Co. Ltd., Sundaram Towers, 45 and 46, Whites Road, Chennai – 600 014. ... Respondents (By Sri P.B.Raju, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2011 PASSED IN MVC NO. 1140/2010 ON THE FILE OF I ADDL. DISTRICT JUDGE AND MEMBER MACT-II, MANGALORE, D.K., 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 – Royal Sundaram Alliance Insurance 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. 35,000/- (Rupees Thirty Five 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 disbursed 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 Mkm/Rbv Sd/- MEMBER