HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA .S CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 3445/2013(MV) (Lok Adalat No. 4647/2016) BETWEEN SHRI MANJE GOWDA R S/O LATE SRI RANGE GOWDA, AGED ABOUT 50 YEARS, R/AT NO.158, 12TH CROSS, UNIVERSITY QUARTERS, ULLAL MAIN ROAD, GNANAJYOTHI NAGAR, GNANABHARATHI POST, BANGALORE-560 056.
... APPELLANT (BY SRI: T N VISWANATHA, ADVOCATE) AND 1. CHOLAMANDALAM M S GENERAL INSURANCE CO LTD., NO.9/1, ULSOOR ROAD, TRINITY CIRCLE, M.G.ROAD, BANGALORE-560 001.
2. MR.PRAKASH N.T.
S/O SRI.THIBBE GOWDA, MAJOR, R/AT NO.S/A (70), 6TH CROSS, 7TH MAIN, 3RD PHASE, NANDINI LAYOUT, BANGALORE-560 096.
... RESPONDENTS (BY SRI: H.S. LINGARAJ, ADVOCATE R1, NOTICE TO R-2 – D/W V.C.O. DATED 02.08.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.02.2013 PASSED IN MVC NO.8877/2010 ON THE FILE OF THE XVI ADDITIONAL JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – CHOLAMANDALAM M S GENERAL INS. 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 lump sum 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 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 Rbv Sd/- MEMBER