HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. PRADEEP, MEMBER M.F.A.No. 6269/2015 (MV) (Lok Adalat No. 1244/2016) BETWEEN Lakshman Naik S/o Murthy Naik, 21 years, R/o Krishna Naik House, 5th Main, Behind Anjenaiah Temple, Kumaraswamy Layout, C. Lenin Nagar, Nittuvalli, Davanagere City – 577 002. ... APPELLANT (By Sri. Hanumanthappa A., Advocate) AND 1. Venkatesha S/o Chandrappa, Major, Driver of Bus No.KA-17/A-6558, R/o Kabla Village, Channagiri Taluk, Davanagere District-577 277.
2. M.N. Raju, Major, S/o P.C. Nagana Gowda, Owner of Bus No.KA-17/A-6558, R/o Medaginekere Village, Jagalur Taluk, Davanagere District-577 203.
3. The Manager, National Insurance Co. Ltd., Melgiri Plaza, MCC B Block, Dental College Road, Davanagere – 577 001. ... RESPONDENTS (By Smt. Manjula N. Tejaswi, Advocate for R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 26.2.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.04.2015 PASSED IN MVC NO. 72/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, 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 – National 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. 35,000/- (Rupees Thirty 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