HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 639/2013 (MV) (Lok Adalat No. 1674/2016) BETWEEN J EDWARD SELVIN S/O JAIRAJ AGED ABOUT 49 YEARS LORRY DRIVER R/O T B CIRCLE HIRIYUR, NOW R/A SANGAMESHWARA LAYOUT KELAGOTE, CHITRADURGA TOWN (By Sri: NAGARAJAPPA S H, ADVOCATE) AND:
1. M/S SRI BALAJI TRANSPORT LINES(REGE) BY ITS PROPRIETOR, OWNER OF LORRY NO.DD-03/D-9503 SAGAR COMPLEX G R FLOOR, NO.6-18, OPP EXCISE OFFICE SAMANTH ROAD, AHAMADA BAD GUJARAT STATE 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD ... APPELLANT DIVISIONAL OFFICE AKKAMAHADEVI ROAD MMK COMPLEX P J EXTENSION DAVANAGERE-577006 (By Sri: P B RAJU ADVOCATE FOR R2, ... RESPONDENTS NOTICE TO R-1 D/W V.C.O. DATED 03.06.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.11.2012 PASSED IN MVC NO.479/2010 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT-V, CHITRADURGA, 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 – United India 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. 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 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