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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.9714/2018 (MV) (Lok Adalat No.2725/2018) BETWEEN GAURAVA K.A.
AGED ABOUT 22 YEARS S/O ARJUNA K R/O JEEVANADHARA HOUSE KODY ROAD, AIRODY VILLAGE UDUPI TALUK – 576 201 ... APPELLANT (BY SRI H.PAVANA CHANDRA SHETTY, ADVOCATE) AND 1. VANITHA AGED ABOUT 34 YEARS W/O.RAGHAVENDRA POOJARY R/O H.NO.1/230 ANJANEYA NILAYA NYAGALMAKKI, PARAMPALLI VILLAGE UDUPI TALUK – 576 201 2. AVINASH AGED ABOUT 21 YEARS S/O LAXMANA POOJARY R/O. H.NO.2/136/A, RATHABEEDI GUNDMI VILLAGE, SASTHANA UDUPI TALUK – 576 201 3. NATIONAL INSURANCE CO. LTD., 1ST FLOOR, SRI VIDYAPOORNA COMPLEX NEAR HEAD POST OFFICE UDUPI – 576 201 REP. BY ITS MANAGER …RESPONDENTS (BY SMT GEETHA RAJ, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.04.2018 PASSED IN MVC NO.1001/2016 ON THE FILE OF THE MACT & ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING 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 third Respondent – National Insurance 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 third respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.2,10,000/- (Rupees Two Lakhs Ten Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 amount, 50% amount shall be released in favour of the appellant – claimant, on proper identification and remaining 50% shall be kept in fixed deposit in any Nationalised or Scheduled Bank in the name of the Appellant for a period of three years with a liberty to draw the interest periodically.
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 KLV Sd/- MEMBER