HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT 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 & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.3730/2017 (MV) (LOK ADALATH NO.5810/2017) BETWEEN:
NAGANANDA S/O K A NAGENDRA AGED ABOUT 32 YEARS R/AT NO.861, MANTHRALAYA 7TH MAIN, 2ND STAGE, BOGADI NORTH MYSORE – 570 001 ... APPELLANT (BY SRI.RAJU S, ADV.) AND:
1. GOVINDARAJU S/O VENKATARAMAIAH NO 20, JUTTANAPALYA, VALIYAPPA COLONY, BIDADI, RAMANAGARA DIST – 562 001 2. BHARATHI AXA GENERAL INSURANCE CO. LTD., PRIDE QUADRA NO 30, 2ND FLOOR, HEBBALA ROAD,BANGALORE – 560 024 .. RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.03.2017 PASSED IN MVC NO.168/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATTANA, RAMANAGAR DISTRICT, 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 16.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – Bharti AXA General 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 a global sum of Rs.75,000/- (Rupees Seventy Five 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.
The entire enhanced award amount shall be released in favour of the appellant, on proper identification.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv