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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.8550/2016 (MV) (Lok Adalat No.785/2019) BETWEEN:
Smt.Manjula, W/o Rajkumar, 36 years, R/o Lakshmanapura Village, Kasaba Hobli, Nanjangud Taluk, Mysuru Dist-571 301.
(By Sri Nagaraj R.C, Advocate) AND:
1. Ravikiran M. S/o Muddaiah, ... Appellant 24 years, R/o N.E.S Extension, Malavalli Town, Mandya Dist-571 430.
(Driver of Tipper bearing No.KA.42-A-728) 2. R.Ramaiah, S/o Rangaswamy, 46 years, Rangegowdana Doddi Village, Manchanayakanahalli Post, Bidadi Hobli, Ramanagara Taluk and Dist – 562 109.
3. The New India Assurance Co. Ltd., D.O.I, J.L.B Road, Chamundipuram, Mysore-4, Rep. by its Branch Manager.
(By Sri A.N.Krishna Swamy, Advocate for R3;
... Respondents Vide Order dated 2.11.2017, Notice to R1 is d/w) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2016 PASSED IN MVC NO.38/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C AND MACT, NANJANGUD, 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 - New India Assurance 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 global compensation 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 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 SD/- MEMBER HB/-