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. 5788/2017 (MV) (Lok Adalat No. 1413/2018) BETWEEN M.K. Praveena, S/o M.M. Kenchegowda, Aged about 28 years, Opp. Government School, Near P.S. College, 1st Cross, 1st Main, Hosakerehalli, Bangalore City – 560 085.
Presently r/at. No.383/2, 2nd Cross, Chinnanna Gowda Layout, Anekal Road, Athibele, Anekal Taluk, Bangalore District – 562 107. ... Appellant (By Sri Abijith, Advocate) AND 1. Kiran Mithra S/o Nagaraja H.N., Aged about 31 years, r/at. No.848, Shankarabharana, 1st Main, 2nd Cross, BEML Layout, 5th Stage, Rajarajeshwari Nagar, Bengaluru – 560 098.
2. National Ins. Co. Ltd., Branch Office at No.144, Shuba Ram Complex, 2nd Floor, M.G.Road, Bengaluru – 560 001, Rep. by its Manager, Policy No.604202/31/14/6200007301 Valid from 11.10.14 to 10.10.2015. ... Respondents (By Sri E.I. Sanmathi, Advocate for R-2, Notice to R.1-d/w. v/o. dated 12.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2017 PASSED IN MVC NO. 2844/2015 ON THE FILE OF THE VIII ADDL. SMALL CAUSES JUDGE AND THE M.A.C.T., BENGALURU, 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. 1,50,000/- (Rupees One lakh Fifty 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 Sd/- MEMBER Mkm