HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER BETWEEN M.F.A.No. 5248/2017 (MV) (Lok Adalat No.264/2019) G.K. Kunnaholayaiah S/o. Kempaholaiah, Aged about 37 years, R/at. Kunagalli, Gundlupet Taluk.
Presently R/a. C/o. Prakash, Kamagere, Kollegala Taluk, Chamarajnagar District-571 440. ... Appellant (By Sri. Manjunath N.D, Advocate) AND 1. Rajesh S/o. Chikkegowda, Major, R/a. No.308, Gundlupet Town, Chamarajnagar District-571 111. (Owner of the lorry bearing Reg. No.KL-11-W-3781) 2. The Divisional Manager The Sriram General Insurance Company Ltd., No.S/5, 2nd floor, Munarish Chember, Inpentri road, Bengaluru-560 001. ... Respondents (By Sri. B.C. Shivannegowda, Advocate for R.2) MFA filed under Section 173(1) of MV Act, against the judgment and award dated 15.11.2016 passed in MVC No.154/2015 on the file of the Senior Civil Judge and JMFC, Kollegal, 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 appellant - claimant and the learned Counsel for the respondent – Shriram General 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. 65,000/- (Rupees Sixty 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 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 KG