HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 6735/2015 (MV) (Lok Adalat No.873/2019) BETWEEN Mahadeva Naik, Aged about 36 years, S/o Barma Naik, R/at. Shiroor, Kundapura Taluk, Udupi District – 576 228. ... Appellant (By Sri H. Pavana Chandra Shetty, Advocate) AND 1. Rajaneesha, Age major, S/o Varadaraj, r/at. No.25/1576, Mangalore – 575 001.
2. Bajaj Allianz Gen. Ins. Co. Ltd., Branch Office, GE Plaza, Airport Road, Erwada, Pune – 411 006, Maharastra State, Rep. by its Authorized Officer. ... Respondents (By Smt. H.R.Renuka, Advocate for R.2, Notice to R.1 is d/w. v/o. dated 24.04.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2015 PASSED IN MVC NO.339/2011 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE & MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Bajaj Allianz General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the Second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the Second respondent-insurance company has agreed to pay a lump-sum of Rs.1,35,000/- (Rupees One Lakh Thirty-Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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