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 L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.3732/2017 (MV) (LOK ADALATH NO.5555/2017) BETWEEN:
K A NAGENDRA S/O. LATE ANANTHARAMU, AGED ABOUT 70 YEARS, R/AT NO. 861, MANTHRALAYA, 7TH MAIN, 2ND STAGE, BOGADI NORTH, MYSORE – 570 001 ... APPELLANT (BY SRI. RAJU S, ADV.) AND:
1. GOVINDARAJU S/O VENKATARAMAIH, NO. 20, JUTTANAPALYA, VALIYAPPA COLONY, BIDADI, RAMANAGARA DIST.- 562 001, 2. BHARATHI AXA GENERAL INSURANCE CO. LTD., PRIDE QUARDA NO. 30, 2ND FLOOR, HEBBALA ROAD, BANGALORE – 560 024 ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R2, NOTICE TO R-1 – D/W V.C.O. DATED 15.11.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.03.2017 PASSED IN MVC NO.154/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 15.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – Bharti AXA General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,40,000/- (Rupees Two Lakhs Forty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv