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. 4527/2016 (MV) (Lok Adalat No. 2320/2017) BETWEEN Smt. Molly Varghese @ Kochu Mol C.P., W/o Late Varghese P.A., Aged about 51 years, R/at No.1023, 8th Main, 18th Cross, 7th Sector, HSR Layout, Bangalore-102. ... APPELLANT (By Sri. Shripad V. Shastri & Sri. K.V. Naik, Advocates) AND 1. Sri. Joseph Varghese K.B. S/o Broono, R/at Kalloor House, Kannamkulangara, Thrissur, Kerala, (R.C. Owner of Eicher Goods Van bearing No.KL-08/W-3707).
2. United India Insurance Co. Ltd., Motor Dealer Division, Krishi Bhavan, 6th Floor, Hudson Circle, Bangalore-01, (I.P. No.1006023111P000249924) Validity 16.05.2011 to 15.05.2012).
3. The Managing Director, M/s. Dadya Developers & Builders, No.383, 9th Main, 7th Sector, HSR Layout, Bangalore-102, (R.C. Owner of Car bearing No.KA-01/MD-4696).
4. Bajaj Allianz Gen. Ins. Co. Ltd., No.31, Ground Floor, TBR Tower, 1st Cross, New Mission Road, Bangalore-27, I.P. No.OG-12-1701-1801-00003030 Validity 31.3.2011 to 30.3.2012). ... RESPONDENTS (By Sri. M.S. SRIRAM, Advocate for R-2, Notice to R-1, R-3 and R-4 – d/w v.c.o. dated 27.04.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.02.2016 PASSED IN MVC NO. 3714/2013 ON THE FILE OF THE VII ADDL. SMALL CAUSES JUDGE & XXXII ACMM AND MEMBER, MACT-3, BENGALURU, 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 – United India 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. 50,000/- (Rupees 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