HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI K.P.YOGANNA, MEMBER M.F.A.No. 9492/2017 (MV) (Lok Adalat No. 174/2019) BETWEEN Master Thejas S/o Satish Kaarvi, Aged about 6 years, Rep. by his father(natural guardian) Sri Satish Kaarvi, Aged 35 years, S/o K. Sanjeeva Kaarvi, R/at. Mookambika Nilaya, Near Sangameshwara Temple, Gujadi Village, Nayakvadi, Kundapura Taluk, Udupi District – 576 201. ... Appellant (By Sri K.Prasanna Shetty, Advocate) AND 1. Sri Krishna Golla, S/o Bachha Golla, Aged about 35 years, R/at. Krishna Nilaya, Markodu, Koteshwara Village, Kundapura Taluk, Udupi District – 576 201.
2. Shriram Gen. Ins. Co. Ltd., No.302, 3rd Floor, S & S Corner Building, Opp. Bowring and Lady Curzen Hospital, Shivajinagar, Bangalore – 01, Rep. by its Authorized Officer. ... Respondents ( By Sri B. Pradeep, Advocate for R-2, Notice to R.1-d/w. v/o. dated 05.02.2019) MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 14.02.2017 PASSED IN MVC NO. 264/2015 ON THE FILE OF THE ADDL. DISTRICT & SESSIONS JUDGE & M.A.C.T., 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, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant - Claimant and the learned Counsel for the Respondent – Shriram General Insurance 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.15,000/- (Rupees Fifteen 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 natural guardian of the minor appellant towards his educational purpose.
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 Mkm