HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 3677/2017 (MV) (Lok Adalat No. 4095/2017) BETWEEN:
Miss Anusha A.S.
D/o Shivananjegowda, Aged about 28 years, R/at No.294, 4th Cross, Vivekanandanagar, Channapatna Town, Ramanagara Dist.-562 160. .. Appellant (By Sri. Mahadeva Swamy P., Advocate) AND:
1. Sri. Muraleedharan Pillai G. S/o Gopal Pillai, Indeevaram, Mangaram, Pandalam, Adoor Dist., Pathanamthitta District, Kerala State – 01.
2. The Manager, National Insurance Company Ltd., Regional Office, No.144, 2nd Floor, Subharam Complex, M.G. Road, Bengaluru – 560 001. .. Respondents (By Sri. M. Narayanappa, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 17.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.01.2017 PASSED IN M.V.C. NO.189/2016 ON THE FILE OF THE MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, 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 appellant and the representative of Respondent – National Insurance Company Ltd., along with its counsel 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 compensation of Rs. 35,000/- (Rupees Thirty Five 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 appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv/Mkm