HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. PRADEEP, MEMBER M.F.A.No. 118/2017 (MV) (Lok Adalat No. 3663/2017) BETWEEN Mr. Ganesh Alva S/o Jagannatha Alva, Aged about 29 years, R/at Door No.250-A-1, Kambar, Near Rajeeva Dashalksham Veedu, Mogral Puttur, Post Berdadka, Kasaragod, Kerala State-671 121. ... APPELLANT (By Sri. Ravishankar Shastry G., Advocate) AND 1. Mr. Peter D’Souza S/o Mouris D’Souza, Aged 55 years, R/at Cristina Villa, G.J. Kuvellos Compound, Kankanady, Mangaluru Taluk, D.K. District-570 003.
2. National Insurance Co. Ltd., Rasik Chambers, Opp. Central Market, Mangaluru Taluk, D.K.-575 003, Represented by its Branch Manager. ... RESPONDENTS (By Sri. B.A. Ramakrishna, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 22.08.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2016 PASSED IN MVC NO. 1787/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, MANGALURU, 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 – National Insurance Co. Ltd. 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. 62,000/- (Rupees Sixty Two 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, 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 Rbv