HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SMT. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.5596/2016 (Lok Adalath No.158/2018) BETWEEN:
SMT. LAKSHMAMMA W/O LATE VENKATAPPA AGED ABOUT 45 YEARS R/AT NO.32, 3RD CROSS, 3RD MAIN ROAD, BSK 3RD STAGE, BANGALORE-85 ... APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND:
1. THE REGIONAL MANAGER THE NATIONAL INS. CO. LTD REGIONAL OFFICE NO.144, M G ROAD, BANGALORE-1 2. MR SHANKRAPPA S/O RAMAMURTHY R/AT ATTIBELE POST ANEKAL TALUK BANGALORE DISTRICT-562 107 ... RESPONDENTS (BY SRI.A N KRISHNASWAMY, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.10.2015 PASSED IN MVC NO.2482/13 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 12.01.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for the appellant and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `2,80,000/- (Rupees Two Lakhs Eighty 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. Out of the compensation awarded, 50% of the award amount shall be kept in a fixed deposit in any Nationalised Bank or Scheduled Bank of appellant’s choice for a period of five (5) years and appellant is entitled to draw periodical interest. Balance 50% of the award amount shall be released in favour of appellant on proper identification.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR