HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL NO. 94 OF 2017 (MV) (LOK ADALAT NO. 3478 of 2019) BETWEEN:
1 . MR. MURUGESH K AGED ABOUT 54 YEARS, SON OF LATE KANDASWAMY S NO.325, 2/3, 5TH CROSS, NEAR SHOOTING HOUSE C.V.GARDEN, PANTHARA PALYA, NAYANDAHALLI, BENGALURU-560 039 (BY SRI. GIRISH, ADVOCATE) AND:
1 . MR. RAKESH S MAJOR SON OF SRINIVASAPPA RESIDING AT KALLANDUR VILLAGE BEGLI POST KOLAR TALUK AND DISTRICT-563101 ...APPELLANT 2 . THE BRANCH MANAGER BAJAJA ALLIANZ GENERAL INSURANCE COMPANY LTD NO. 31, GROUND FLOOR T.B.R.TOWER, 1ST CROSS, J.C.ROAD, NEW MISSION ROAD NEAR BENGALURU STOCK EXCHANGE BENGALURU-560 027 …RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O DATED 24.10.2019) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGEMENT AND AWARD DATED 15.07.2016, PASSED IN MVC NO. 155/2015, ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, 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 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 No.2 –Bajaj Allianz 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 No.2 - Insurance Company has agreed to pay a lump-sum 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. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent No.2 – 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 Sd/- MEMBER MH/-