HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER BETWEEN M.F.A.No.7517/2016 (Lok Adalat No.5716/2017) G.S.MANJU S/O G.D.SHIVANNA, AGED ABOUT 58 YEARS, AGRICULTURE WORK, R/O NALKUDURE VILLAGE, CHANNAGIRI TALUK, NOW AT D.NO.2942/12, ANJANEYA SUTHA NILAYA, 4TH CROSS, TARALABALU NAGAR, DAVANAGERE-577 002.
(By SRI. HARSHA A.K., ADV.) AND ... APPELLANT 1. THE NEW INDIA ASSURANCE COM. LTD., REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICER, A.M.ARCADE, C.G.HOSPITAL, ROAD, DAVANAGERE-577 002.
2. M.R. MADHU, S/O RAJAPPA, AGED ABOUT 30 YEARS RIDER OF MOTOR CYCLE BEARING NO.KA-16/U-4485, R/O MATHIGHATTA VILLAGE, HOLALKERE VILLAGE, CHITRADURGA DISTRICT-577 001.
3. G.R. RAJAPPA S/O REVAPPA, AGED ABOUT 56 YEARS OWNER OF MOTOR CYCLE BEARING NO.KA-16/U-4485, R/O MATHIGHATTA VILLAGE, HOLALKERE VILLAGE, CHITRADURGA DISTRICT-577 001.
... RESPONDENTS (By SRI. K.N.SRINIVASA, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.10.2015 PASSED IN MVC NO.385/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER MACT-IV, DAVAMAGERE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company 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.1,65,000/- (Rupees One Lakh 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. Out of the enhanced compensation, 50% with proportionate interest shall be kept in fixed deposit in the name of the appellant in any nationalized bank for a period of 3 years with a liberty to draw the accrued interest periodically. The balance 50% with proportionate interest shall be released in favour of the appellant.
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 PMR