HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 1239/2016 (MV) (Lok Adalat No. 3820/2017) BETWEEN James Vicks s/o Late Ebenizer Raja, aged about 17 years, R/at: 32, Sulthana Gunta Road, Shivajinagar, Bangalore – 560 051. Appellant being a minor Rep: by his mother and Natural guardian herein, Smt. Saroja, W/o Late Ebenizer Raja, Aged about 38 years. ... Appellant (By Sri Gurudeva Prasad K.T., Advocate) AND 1. Praveen Singh, Major S/o Shivraj Singh G-1, Malnad Apartments, Kagadaspura Main Road, Vignan Nagar, Opp: College, Bangalore – 560 075.
2. The United India Ins. Co. Ltd., Motor Claims Hub, No.18, 6th Floor, Near Krushi Bhavan, Hudson Circle, Bangalore – 560 001.
By its Manager. ... Respondents (By Sri Sreekanta Rao L., Advocate for R-2, Notice to R-1 d/w. v.c.o. dated: 14.09.2017] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2015 PASSED IN MVC NO. 4424/2014 ON THE FILE OF V ADDL. SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, BENGALURU, 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 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. 85,000/- (Rupees Eighty Five Thousand only) (After deducting 25% of contributory negligence), 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 disbursed 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 Mkm/Rbv Sd/- MEMBER