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. 9495/2015 (MV) (Lok Adalat No.2514/2019) BETWEEN Mahantesh S.V.
S/o Veerabhadrappa, Aged about 37 years, Occ: Business, R/o 2248/2, 6th Main, 6th Cross, MCC ‘B’ Block, Davanagere – 577 004. ... Appellant (By Sri M.R.Hiremathad, Advocate) AND 1. Shivakumar R. S/o Ramanna, Aged about 28 years, Occ: Driver of Toyota Innova Vehicle, No.KA-02/MB-4949, R/o SJM Extension, Bharamasagar, Chitradurga Taluk – 577 519.
2. Praveen Kumar D.S. S/o D. Sharnappa, Aged about 42 years, Occ: Self Employed Secretary, DVS Convent, Owner of Toyota Innova Vehicle No.KA-02/MB-4949, Bharamasagar, Chitradurga – 577 519.
3. The Divisional Manager, Reliance Gen. Ins. Co. Ltd., # 182, 1st Floor, Maganur Commercial Complex, B.D.Road, Chitradurga – 577 519. ... Respondents (By Sri H.N.Keshava Prashanth, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2014 PASSED IN MVC NO. 463/2013 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND V MACT, DAVANAGERE, 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 Third Respondent – Reliance 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 Third respondent-
insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the Third respondent-insurance company has agreed to pay a lump-sum of Rs.2,00,000/- (Rupees Two Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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