HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT.SAYEEDUNNISA, MEMBER MISCELLANEOUS FIRST APPEAL NO. 1108/2016 (MV) (LOK ADALATH NO. 3798/2017) BETWEEN:
Mohan Babu P, S/o Subramanyam Naidu P, Aged about 32 years, R/at: No. 77, 4th Cross, Roysingh Layout, Hoskote Town, 562 114.
Bangalore. ... Appellant (By Sri. K.T. Gurudeva Prasad, Advocate) AND:
1. Naveen N.K., Major, S/o T. Krishnappa, No. 18, Muneshwara Nilaya, Ramaiah Garden, Near Royal English School, Kadugodi, Bangalore – 560 067.
2. The New India Assurance Co. Ltd., T P Hub, Mahalakshmi Chambers, 1st floor, M.G.Road, Bangalore – 560 001.
By its Manager. ... Respondents (By Sri. O. Mahesh, Advocate for R2) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 21.09.2015 passed in MVC No. 4745/2014 on the file of the V Additional Small Causes Judge, & XXIV ACMM, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for conciliation before Lok Adalat after being referred vide order dated 13.09.2017, the following conciliation order is passed.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay and appellant - claimant has agreed to receive a global sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Entire enhanced award amount shall be released in favour of the appellant on proper identification.
Sd/- JUDGE Sd/- MEMBER JS