HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.8336/2012 (Lok Adalat No.5030/2017) BETWEEN MAHESH M S/O LATE MARIYAPPA AGED ABOUT 49 YEARS PHOTO, IVORY WORK R/O 1174, 4TH CROSS SUNNADAKERE, K R MOHALLA MYSORE TOWN ... APPELLANT (BY SRI. MAHANTESH S HOSMATH, ADV.,) AND 1. RAMESH S/O KRISHNAMURTHY AGED ABOUT 32 YEARS R/A #10/1, ASHIRVAD RATHANA VILAS ROAD, BASAVANGUDI, BANGALORE (DRIVER OF CAR BEARING NO.KA01MF8608) 2. M/S NOKIA INDIA PVT LTD R/O NO.24, JUPITAR BLOCK 3RD FLOOR, PRESTIGE TCCH PARK SARJAPURA, MARTHAHALLY RING ROAD, BANGALORE-87 (OWNER OF CAR NO.KA01/MF8608) 3. ICICI, LOMBARD INSURANCE COMPANY BANGALORE POLICY NO.3001/60679837/00/000 VALID UP TO 08.08.2011 (INSURER OF CAR NO.KA01/MF8608) ... RESPONDENTS (BY SRI. P MAHADEVA SWAMY FOR R1;
SRI. B. PRADEEP, ADV., FOR R3;
NOTICE TO R2 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.3.2012 PASSED IN MVC NO.711/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-1, AND MEMBER ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company 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.80,000/- (Rupees Eighty 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 and the same shall be released in favour of the appellant.
4. 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 PMR