HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A.No. 6482/2013 (MV) (Lok Adalat No. 1582/2016) BETWEEN Lokesh S/o Chowdappa, Aged about 24 years, Agriculturual Coolie, R/o Kadekal Village, Mathur Post, Shivamoga District. ... Appellant (By Sri Mohan Kumar T., Advocate) AND 1. G.K. Udaykumar, S/o Ganapathi Narayan, Aged about 40 years, r/o Vidyanagar, Bangalore – 560 005, Driver of Maruthi Car bearing Reg.No.KA-02/Z-7616, DL No.4A/02/6177/08-09.
2. Balakrishna R. Shetty, S/o Rathnakara G. Shetty, Aged about 45 years, R/o No.1853, 19th Cross, 21st Main, behind Maruthi Mandir, Vidyanagara, Bangalore 560 040, Owner of Maruthi Car bearing Reg.No.KA-02/Z-7616, DL No.4A/02/6177/08-09.
3. National Ins. Co. Ltd., 3rd Floor, Unity Building, Annex No.72, Mission Road, Bangalore – 560 027, (Insurer of the Vehicle bearing Reg.No.KA-02/Z-7616) Policy No.604100/31/08/ 6100003593, Valid from 06.11.08 to 05.11.09. ... Respondents (By Sri Krishna Rao, Advocate for R-2, Sri C.M. Poonacha, Advocate for R-3, Notice to R.1-d/w. v/o. dated 01.06.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.03.2012 PASSED IN MVC NO. 301/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & M.A.C.T., SHIMOGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant/Claimant 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 global compensation of Rs. 2,40,000/- (Rupees Two lakh Forty 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/claimant, 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 Sd/- MEMBER